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SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • Dec 18

    Petition of the day

    Petition of the day
    The petition of the day is: Kurtz v. Verizon New York, Inc., fka New York Telephone Company 14-439 Issue: (1) Whether the exhaustion requirements of Williamson County Regional Planning Commission v. Hamilton Bank apply to any…
  • Dec 18

    Florida couples oppose more delay on same-sex marriage

    Florida couples oppose more delay on same-sex marriage
    Two groups of Florida same-sex couples, anticipating a chance to get married in less than three weeks, urged the Supreme Court today not to delay that opportunity.  The Court, they argued, should continue its recent refusal to…
  • Dec 18

    SCOTUSblog on camera: Dahlia Lithwick (Part three)

    SCOTUSblog on camera: Dahlia Lithwick (Part three)
    What a Justice says and does not say in public; Justice Ruth Bader Ginsburg’s recent presence in the media; the line in a Justice’s mind between talking law and talking politics; the risk of talking to the media; and what to infer…
Rank this Week: 41

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Dec 12

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

    eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent
    By Rob RobinsonIn an effort to help eDiscovery decision makers evaluate and compare both the immediate and long term success potential of electronic discovery vendors, the following considerations, shared in a formulaic manner to allow…
  • Dec 11

    The Impact Of Privacy Liability (Cartoon and Clip)

    The Impact Of Privacy Liability (Cartoon and Clip)
    The Cartoon and Clip of the Week for December 10, 2014Daily we read, see and hear more and more about the challenges associated with privacy regulation and liability. This week’s cartoon and clip highlights one public example of holiday…
  • Dec 10

    Got the ECM “Bends”? Head About to Explode?

    Got the ECM “Bends”? Head About to Explode?
    By John MartinECM users sometimes have the Info Gov equivalent of the deep sea diving “bends” that occur when divers ascend too quickly after deep dives and the gas that had been compressed in their bodies decompresses causing…
Rank this Week: 47

Class Action Defense Blog

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. By Michael Hassen of Jeffer Mangels Butler & Mitchell LLP.

http://classactiondefense.jmbm.com/
Rank this Week: 52

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 103

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Dec 18

    Judge Berzon on Justice Brennan

    Judge Berzon on Justice Brennan
    On January 22 at the Biltmore in downtown LA, LACBA's Labor & Employment Law Section presents a dinner/MCLE program: Justice Brennan's Labor & Employment Jurisprudence: Will We See the Like Again?Justice William J. Brennan, the…
  • Dec 18

    3 Questions for the hiring of appellate counsel

    3 Questions for the hiring of appellate counsel
    On Law360, H&L's David Axelrad offer some client-centered advice in 3 Questions To Ask Yourself Before Hiring Appellate Counsel. Every good appellate lawyer should (1) be able to help build and preserve the record; (2) know…
  • Dec 17

    Leondra Kruger is Active

    Leondra Kruger is Active
    The DJ reports that nominee Leondra Kruger activated her California Bar membership yesterday. (Here's the page: enjoy now b/c once she's a judge, the page won't provide as much information.) This report comes in the article: "In Unusual Move,…
Rank this Week: 95

Class Action Fairness Act Blog

Class Action Fairness Act Blog

Offers information, cases and insights on the Class Action Fairness Act of 2005 (CAFA). By McGlinchey Stafford.

http://www.cafalawblog.com/
  • Oct 24

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance
    Rainbow Gun Club, Inc. v. Denbury Resources, Inc., 2014 WL 869504 (W.D. La. March 5, 2014). In this action, the District Court affirmed a remand order finding that CAFA’s local “single event exception” can include mass…
  • Oct 23

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

    Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?
    Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the…
  • Oct 22

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 83

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
  • Dec 16

    Weller in Search of the Future of European Private International Law

    Weller in Search of the Future of European Private International Law
    Matthias Weller from the EBS Law School in Wiesbaden has posted a paper on  “Mutual Trust: In Search of the Future of European Private International Law” on SSRN. The paper is forthcoming in the Journal of Private…
  • Dec 16

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession

    Regulation (EU) No 1329/2014 – Forms in Matters of Succession
    The Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and…
  • Dec 15

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation

    Liber Amicorum for Hans Micklitz: Varieties of European Economic Law and Regulation
    Kai Purnhagen and Peter Rott have edited a book entitled “Varieties of European Economic Law and Regulation”. Published by Springer and completely written in English the volume honors the work of Hans Micklitz, one of…
Rank this Week: 190

Expert Witness Blog

Expert Witness Blog

Covers Daubert, expert witness marketing, and expert witness testimony. By JurisPro Expert Witness Directory.

http://www.expertwitnessblog.com/
  • Dec 16

    School Security Expert Witness On School Shootings Part 1

    School Security Expert Witness On School Shootings Part 1
    In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:Our team’s analysis of the Sandy Hook Final Report released by…
  • Dec 13

    Police Procedures Expert Witness Testifies In Fatal Shooting Case

    Police Procedures Expert Witness Testifies In Fatal Shooting Case
    Police procedures expert witness Ron Martinelli, Ph.D., B.C.F.T., C.F.A., C.L.S., testified in the Missoula, MT, homicide case against Markus Kaarma. The defendant is accused of fatally shooting German foreign exchange student, Diren Dede. …
  • Dec 8

    Emergency Preparedness Expert Witness On First Aid Teams Part 1

    Emergency Preparedness Expert Witness On First Aid Teams Part 1
    In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?” When you look at the issue of a First Aid Team some…
Rank this Week: 114

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
Rank this Week: 175

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 192

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Dec 18

    Convince Jurors That the Ends Don’t Always Justify the Mean

    Convince Jurors That the Ends Don’t Always Justify the Mean
    By Dr. Ken Broda-Bahm: If the release of the Senate Intelligence Committee's report on the CIA's detention and interrogation methods following the September 11th attacks wasn't depressing enough, the follow-up polling is sure to put an…
  • Dec 15

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony
    By Dr. Ken Broda-Bahm: Chants of "Hands Up, Don't Shoot" and "I Can't Breathe," continue to be heard at protests around the country. Motivated by the Ferguson, Missouri police shooting of Michael Brown, as well as the…
  • Dec 11

    Beware the Boomerang of Normalized Bia

    Beware the Boomerang of Normalized Bia
    By Dr. Ken Broda-Bahm: You join a research study, and after being randomly assigned to one of two groups, you hear a message focused on how common stereotypes are (the other group hears instead how rare stereotypes are). Then you, along with…
Rank this Week: 598

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
  • Dec 16

    Breaking the Deadlock in Bipartisan Election Administration

    Breaking the Deadlock in Bipartisan Election Administration
    Jennifer Nou, Sub-Regulating Elections, Sup Ct. Rev. (forthcoming 2014), available at SSRN.Bertrall RossWhat should courts do when bipartisan agencies deadlock on an interpretation of a statute? That conundrum recently…
Rank this Week: 314

Day on Torts

Day on Torts

Covers issues relating to tort law, regulations, and trials. By John A. Day.

http://www.dayontorts.com/
  • Dec 18

    Seeking Reconsideration of Summary Judgment Motions in Tennessee

    Seeking Reconsideration of Summary Judgment Motions in Tennessee
    In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating…
  • Dec 15

    Conversion of Motions to Dismiss Into Motions for Summary Judgment

    Conversion of Motions to Dismiss Into Motions for Summary Judgment
               In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous…
  • Dec 2

    Products Liability Statute of Repose and its Exceptions Held to be Constituational

    Products Liability Statute of Repose and its Exceptions Held to be Constituational
    The Tennessee Court of Appeals recently upheld the constitutionality of both the ten-year statute of repose under the Tennessee Products Liability Act (“TPLA”) and the exceptions thereunder for asbestos and silicone gel breast…
Rank this Week: 504

California Punitive Damages

California Punitive Damages

Covers California punitive damages litigation. By Horvitz & Levy LLP.

http://calpunitives.blogspot.com/
Rank this Week: 595

DRI Today

DRI Today

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/Default.aspx
  • Dec 17

    More Obstacles for Food Labeling Class Action

    More Obstacles for Food Labeling Class Action
    The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied…
  • Dec 16

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable

    Supreme Court to determine if Time Spent by Employees in Security Check is Compensable
    The U.S. Supreme Court has granted review of Integrity Staffing Solutions v. Busk to determine whether time spent by employees in a security check line constitutes work and is therefore compensable. The case was brought by employees of…
  • Dec 8

    What is the Impact of The Affordable Care Act on Future Medical Expenses?

    What is the Impact of The Affordable Care Act on Future Medical Expenses?
    Catastrophic injury cases with expensive life care plans pose significant exposure issues to our clients. The Affordable Care Act guarantees consumers the right to purchase health insurance and caps annual out-of-pocket medical expenditure,…
Rank this Week: 486

Tort Talk

Tort Talk

Provides updates and trends in Pennsylvania civil litigation law. By Daniel E. Cummins.

http://www.torttalk.com/
  • Dec 17

    "Did Your Attorney Refer You to that Doctor?"

    "Did Your Attorney Refer You to that Doctor?"
    A Dynamic Duo(Could be on either side of the bar)In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge…
  • Dec 16

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim
    Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking…
  • Dec 15

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It

    Dated UIM Rejection Form Signed by Insured Valid Even Though Insured Was Not the One Who Dated It
    Can't Go For ThatIn a December 10, 2014 Memorandum Opinion out of the Federal District Court for the Eastern District of Pennsylvania in the case of Lieb v. Allstate Prop. And Cas. Ins. Co., NO. 14-4225 (E.D. Pa. Dec. 10, 2014 Rufe, J.), the…
Rank this Week: 522

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
  • Dec 10

    Nominative Fair Use Not Decided on Motion to Dismi

    Nominative Fair Use Not Decided on Motion to Dismi
    Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.). Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s…
Rank this Week: 378

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Dec 16

    Justice Department Leaves Misbranding Case After Trial Victory

    Justice Department Leaves Misbranding Case After Trial Victory
    In a small case hailing from Tennessee, the Justice Department early this week decided to withdraw charges made against a couple convicted of utilizing misbranded drugs in their clinics. Dr. Anindya Kumar Sen and his wife, Patricia Sen,…
  • Dec 16

    Apple Notches Victory on iPod Antitrust Case

    Apple Notches Victory on iPod Antitrust Case
    Early this week, a federal jury handed a Apple Inc. a huge win in the firm’s long-running class action case against claims that the company was in violation of antitrust laws by limiting its competition for its long line of iPod audio…
  • Dec 15

    Sandy Hook Families Gun Filing Suit Against Gun Maker

    Sandy Hook Families Gun Filing Suit Against Gun Maker
    Several families of victims who died and a lone survivor from Sandy Hook Elementary recently filed a wrongful-death lawsuit against a gun maker of the rifle that was used in the massacre. It was a couple years back when Adam Lanza murdered 20…
Rank this Week: 467

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Dec 16

    Research Foundation Agrees to Settle False Claims Act Case

    Research Foundation Agrees to Settle False Claims Act Case
    The State University of New York’s Research Foundation (“Research Foundation”) has agreed to settle claims brought by five whistleblowers in a qui tam lawsuit filed in 2010 under the False Claims Act that it knowingly…
  • Dec 12

    Defense Contractor Agrees to Settle False Claims Act Case

    Defense Contractor Agrees to Settle False Claims Act Case
    The Justice Department announced that defense contractors Supreme Foodservice GmbH, Supreme Foodservice FZE, and their subsidiaries (collectively “Supreme”) have agreed to settle criminal and civil allegations by a whistleblower…
  • Dec 9

    OtisMed Agrees to Settle False Claims Act Allegation

    OtisMed Agrees to Settle False Claims Act Allegation
    OtisMed Corporation (“OtisMed”) has agreed to pay over $80 million to resolve criminal and civil allegations by a whistleblower in a qui tam suit that it and one of its former executives violated the False Claims Act and Food,…
Rank this Week: 442

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Dec 14

    Structured Settlements 2014 - Secondary Market

    Structured Settlements 2014 - Secondary Market
    Is the bloom finally off the rose for structured settlement secondary market leader JGWPT Holdings, Inc. (JGWPT) whose subsidiaries include J.G. Wentworth (JGW) and Peachtree Settlement Funding (Peachtree)? Despite strong sales since 2010,…
  • Dec 9

    Structured Settlements 2014 - Primary Market

    Structured Settlements 2014 - Primary Market
    The United States structured settlement primary market has continued to slowly recover from its 2012 nadir during 2014 with first nine months annuity sales of approximately $3.9 billion resulting from 19,778 cases (as reported by Melissa…
  • Dec 2

    Evolve 2014 QSF Symposium

    Evolve 2014 QSF Symposium
    Despite unresolved issues, utilization of IRC 468B Qualified Settlement Funds (QSFs) in "single event" cases, as well as class action and mass tort cases, is expanding, and increasingly represents the preferred method for resolving complex…
Rank this Week: 470

Blawgletter

Blawgletter

Offers business trial law with a sense of humor. By Barry Barnett.

http://blawgletter.typepad.com/bbarnett/
  • Dec 1

    Illinois Brick Goes Global

    Illinois Brick Goes Global
    Dear Blawgletterati: A rebuke Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas. Either have your subs buy…
  • Nov 17

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"

    Would You Watch an Ad to Read this Post? Another Patent Fails Alice Corp.'s Airy Test for Unpatentable "Abstract Ideas"
    A whiter shade of pale Patents that define ways to make money through commerce on the Internet never have gotten much respect. In the last year, a series of rulings by the Federal Circuit and the Supreme Court bled much...
  • Nov 10

    Twombly's Remorse?

    Twombly's Remorse?
    Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? The signs point to yes. Sort of. Twombly's record Counting today's...
Rank this Week: 413

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 518

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://legaltalknetwork.com/podcasts/ringler-radio
  • Oct 19

    A Call for More Consumer Protection Against Factoring

    A Call for More Consumer Protection Against Factoring
    There is cause for concern about factoring companies offering quick cash for structured settlement payments that fall short of the total value of a structured settlement over a claimant’s lifetime. This is particularly worrisome in the…
  • Oct 6

    Inside Next Step Bionics & Prosthetic

    Inside Next Step Bionics & Prosthetic
    After a serious injury requiring an amputation, there is not only a physical impact on the individual, but an emotional one. On Ringler Radio, host, Larry Cohen and his co-host, Jim Early join special guest, Matthew Albuquerque, founder and…
  • Sep 21

    Litigation Surrounding Driver Fatigue

    Litigation Surrounding Driver Fatigue
    According to the National Highway Traffic Safety Administration, truck driver fatigue is a contributing factor in as many as 30-40% of all crashes involving heavy trucks. Join Ringler Radio host, Larry Cohen, co-host,  John Muir, Esq.…
Rank this Week: 381

the complex litigator

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://thecomplexlitigator.com/post-data/
  • Aug 12

    Luckey v. Superior Court says no to temporary judges for class settlement approval

    Luckey v. Superior Court says no to temporary judges for class settlement approval
    In Luckey v. Superior Court (July 22, 2014), the Court of Appeal (Second Appellate District, Division Three), the Court considered a writ following the denial of a stipulation to utilize a temporary judge to handle a class settlement…
  • Aug 12

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper

    Misclassifcation of independent contractors gets a boost in Ayala v. Antelope Valley Newspaper
    As I fill the backlog, we have yet another big decision from the California Supreme Court. In Ayala v. Antelope Valley Newspapers, 59 Cal. 4th 522 (June 30, 2014), the Supreme Court examined how the question of certification should be…
  • Aug 12

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC

    Analysis of Iskanian v. CLS Transportation Los Angeles LLC
    Next up on the update list is Iskanian v. CLS Transportation Los Angeles LLC (June 23, 2014). In Iskanian, a limousine driver filed a class action lawsuit on behalf of himself and similarly situated employees for his employer’s alleged…
Rank this Week: 572

Judge Bonnie Sudderth

Judge Bonnie Sudderth

Covers the Texas Rules of Evidence.

http://judgebonniesudderth.wordpress.com/
  • Jun 10

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment

    Hearsay Exception #4 – Statements Made for the Purpose of Medical Diagnosis or Treatment
    The fourth hearsay exception found in Texas Rules of Evidence 803 pertains statements made for the purpose of receiving a medical diagnosis or treatment. In order to fall within this exception, the statement must describe: the…
  • Feb 2

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition

    Hearsay Exception #3 – Then-Existing Mental, Emotional or Physical Condition
    The third hearsay exception – TRE’s 803(3) then existing mental, emotional or physical condition – is also similar to the first hearsay exception, the present sense impression.  As its name implies, this exception…
  • Sep 8

    Hearsay Exception #2 – The Excited Utterance Exception

    Hearsay Exception #2 – The Excited Utterance Exception
    Hearsay exception number two – the excited utterance exception – is often confused with previously-discussed hearsay exception number one, the present sense impression.  And while they are similar, and even on occasion,…
Rank this Week: 215

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 245

EDiscoveryMap

EDiscoveryMap

Covers cross-border ediscovery issues. By Monique Altheim.

http://ediscoverymap.com
  • Apr 30

    Top Monthly Privacy and Data Protection New

    Top Monthly Privacy and Data Protection New
    by Monique Altheim on April 30, 2014 This past month saw another batch of large data breaches, with “Heartbleed” considered by some the largest data security breach in the history of the internet; a flurry of legislative efforts…
  • Feb 23

    Top Monthly Privacy and Data Protection Storie

    Top Monthly Privacy and Data Protection Storie
    by Monique Altheim on February 23, 2014     Conferences  Powerpoint presentation of the closing plenary session on privacy @legaltechNY “Ripped from the Headlines: Cautionary Tales from the Annals of Data…
  • Feb 22

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough

    Destruction of Private Data: Pushing the “Delete” Button is Not Enough
    A study commissioned in Australia by the National Association for Information Destruction (NAID), published on Feb.19, has found significant amounts of sensitive personal information left on recycled computers. The researchers purchased…
Rank this Week: 285

Deliberations

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/
  • Mar 17

    Second response to "Now you see it, now you don't"

    Second response to "Now you see it, now you don't"
    By Kelly Lawson This is a second response to "Now you see it, now you don't". Dr. Vallano makes several excellent points. Allow me to play prosecution advocate for a moment. I completely agree that memory is fallible (and malleable). I also…
  • Mar 17

    Response to "Now you see it, now you don't"

    Response to "Now you see it, now you don't"
    By Jonathan Vallano This is a reponse to "Now you see it, now you don't". This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges…
  • Mar 17

    Now you see it, now you don’t: The shortcomings of eyewitness identification

    Now you see it, now you don’t: The shortcomings of eyewitness identification
    By Matthew Mangino United States Supreme Court Justice William J. Brennan Jr. wrote in a dissenting opinion more than thirty years ago, “There is almost nothing more convincing than a live human being who takes the stand, points a…
Rank this Week: 558

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 244

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 457

The Appellate Practitioner

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/
  • Mar 23

    Please visit The UCL Practitioner

    Please visit The UCL Practitioner
    Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I…
  • Jan 5

    "A High Court Training Regimen"

    "A High Court Training Regimen"
    Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University…
  • Dec 8

    "The Early Brief Gets the Worm"

    "The Early Brief Gets the Worm"
    Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5,…
Rank this Week: 567

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Dec 17

    Has the Chancery Court Created a New Tort?

    Has the Chancery Court Created a New Tort?
    Authored By Edward M. McNally This article was originally published in the Delaware Business Court Insider | December 17, 2014 A recent decision by the Delaware Court of Chancery may have plowed fresh ground by…
Rank this Week: 2336

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/
  • Dec 18

    Trial Tech Tips -- Equipment Failure

    Trial Tech Tips -- Equipment Failure
    I've often said that when it comes to trial technology, it’s not a question of if it will fail, but rather when it will fail, how bad that failure will be, how long it will take to fix it, and whether anyone else will even notice that…
  • Dec 4

    Trial Tech Tips – Zoom and Highlighter

    Trial Tech Tips – Zoom and Highlighter
    Two of the most important and frequently used features in trial presentation are also two of the most basic – the zoom and the highlighter. These two features can literally bring a document-intensive trial to life – quickly…
  • Nov 23

    Trial Tech Tips - TrialDirector Bates Numbering

    Trial Tech Tips - TrialDirector Bates Numbering
    This article is the first in a series entitled “Trial Tech Tips.” Focused on the crossroads of law and technology, and in no particular order, we will share a collection of proven and tested methods for accomplishing a wide…
Rank this Week: 3077

Structured Settlements 4Real

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Dec 18

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case
    by John Darer CLU ChFC CSSC RSP CLTC A Florida Federal Court judge has granted the motion to dismiss the matter filed by Curtis Moore, et al., against EPS Settlements and John Cantwell, with... This is a content summary only. Please click on…
  • Dec 18

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard
    Regardless of what happened later, 1980 is a clear benchmark where proponents could argue that A.M. Best "standard" was established because the Model Act (which is MODEL act) ties reliability and... This is a content summary only. Please…
  • Dec 18

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%
    Four days after his first meaningful first public poke at JG Wentworth in 10 years of blogging, Patrick Hindert, JG Wentworth (JGWPT) stock has risen 21.9% at time of posting This is a content summary only. Please click on the title for the…
Rank this Week: 2522

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
  • Dec 18

    Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff

    Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff
    Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014) In this breach of contract case, the court granted in part Defendant’s motion to compel and, in light of Plaintiff’s piecemeal production…
  • Dec 9

    Software Licensing Restrictions No Shield Against Production

    Software Licensing Restrictions No Shield Against Production
    Pero v. Norfolk S. Ry., Co., No. 3:14-CV-16-PLR-CCS, 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014) In this case, the court declined to require the plaintiff to view the at-issue video at Defendant’s counsel’s office or to obtain a…
  • Nov 25

    Court Declines to Preclude “Eyes On” Review for Privilege

    Court Declines to Preclude “Eyes On” Review for Privilege
    Good v. Am. Water Works Co., Inc., No. 2:14-01374, 2014 WL 5486827 (S.D. W. Va. Oct. 29, 2014) In this case, the parties made an effort to “craft an agreement respecting the handling of attorney-client and work product information…
Rank this Week: 2740

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Dec 18

    Executive Session

    Executive Session
    Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of…
  • Nov 21

    Can't Give it Away.

    Can't Give it Away.
    I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have…
  • Nov 7

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
Rank this Week: 4327

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Dec 18

    The Frustrations of Continuing Continuance

    The Frustrations of Continuing Continuance
    At The Velvet Hammer, Karen Koehler paints a realistic picture of the difficulties involved in finally getting a case to trial: "Bump Bounce and Roll: Trying to start a trial" (a post that also explains why I can't watch The...
  • Dec 15

    An Easy Tip to Make Your Writing Look More Professional

    An Easy Tip to Make Your Writing Look More Professional
    Want to instantly make your writing look more professional? The secret can be found in Bryan Garner's A Dictionary of Modern American Usage in an entry titled "phrasal adjectives"-- When a phrase functions as an adjective--an increasingly…
  • Dec 9

    A Shockingly Great Christmas Gift for Lawyer

    A Shockingly Great Christmas Gift for Lawyer
    It's my book How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground). From the Amazon reviews-- I titled this "Hodgman for the Legal Set", because I think fans of one would enjoy the other ... It...
Rank this Week: 2516

Virginia Employment Law Blog

Virginia Employment Law Blog

Covers employment law and litigation. By The Erlich Law Office, PLLC.

http://www.virginiaemploymentlawblog.com/
  • Dec 18

    Former Congressional Staffer Sues Office of Former Boss for Hostile Work Environment and Gender Discrimination

    Former Congressional Staffer Sues Office of Former Boss for Hostile Work Environment and Gender Discrimination
    Lauren Greene, former New Media Director and later Communications Director for Blake Farenthold, a congressman from Texas and the owner of the domain name “www.blow-me.org” filed suit against her former boss in…
  • Dec 12

    Recent Article Roundup

    Recent Article Roundup
    The recent weeks have been busy ones in the world of employment law. In this post, we highlight some of the most interesting cases that have surfaced over the past weeks. We check in on how the Affordable Care Act has impacted small business…
  • Dec 6

    Open Arms Housing Listed in Greater Washington Catalogue for Philanthropy

    Open Arms Housing Listed in Greater Washington Catalogue for Philanthropy
    From Josh: I haven’t issued a formal announcement yet, but I have joined the board of a great organization, Open Arms Housing.  A more formal announcement will be forthcoming, but there’s a bit of news I wanted to share. We…
Rank this Week: 2196

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
Rank this Week: 755

The Velvet Hammer

The Velvet Hammer

Covers depositions, direct exams, opening statements and other trial tips. By Karen Koehler.

http://www.karenkoehlerblog.com
  • Dec 18

    Bump Bounce and Roll: Trying to start a trial.

    Bump Bounce and Roll: Trying to start a trial.
    On The Good Wife or Drop Dead Diva, the attorneys get the cases in the morning.  Try them in the afternoon. In the real world the case is filed and then has to wait a year and a half for a trial date. If it survives for that long,…
  • Dec 13

    Livin’ the Glamorous Life – Another Hollyball Tale

    Livin’ the Glamorous Life – Another Hollyball Tale
    Wake up at 6:45.   Laze around.  Tonight is Hollyball.  Wonder what else is on schedule.  Open calendar.  “9:00 a.m. hold for Court of Appeals Argument.”  Whaaaaaaaaaaa Text John 7:27 - is…
  • Dec 9

    Playing the “pot” card against an innocent driver

    Playing the “pot” card against an innocent driver
    Driving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes. Let’s say you live in a state where pot is legal.  You get high on a Sunday evening with a group of friends in your own…
Rank this Week: 5025

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Dec 18

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding
    Have you been injured in a slip and fall accident, retained an attorney, and struggling to make ends meet? Don’t get discouraged about your financial situation, contact a legal finance company to learn about litigation funding and how…
  • Dec 16

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding
    Plaintiffs in personal injury cases often times are unable to work due to injuries and face high medical bills, making lawsuit funding incredibly helpful. While negligence can be due to a defective product, medical malpractice, slip and fall…
  • Dec 12

    Financial Assistance to Help You Claim Your Right

    Financial Assistance to Help You Claim Your Right
    While negligence can be due to a defective product, medical malpractice, slip and fall accident, or dangerous products, the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention.…
Rank this Week: 1430

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 4261

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Dec 18

    Stealth Juror

    Stealth Juror
    Lawyers for Aaron Hernandez, the former professional football player now on trial for the murder of Odin Loyd, want the court to grant them additional peremptory challenges. The defense attorneys claim that they need the additional…
  • Dec 17

    More Criticism of the Illinois Jury Bill

    More Criticism of the Illinois Jury Bill
    Another Illinois newspaper comes out against the Illinois jury bill that is awaiting the signature of Governor Quinn. Yesterday it was the Chicago Tribune, today it is the Rockford Register Star. Rockford Register Star. Our View: Pay hike for…
  • Dec 16

    Criticism of Illinois Jury Bill

    Criticism of Illinois Jury Bill
    The Chicago Tribune has a very interesting article on a jury bill (SB 3075) that recently passed the Illinois legislature. The bill was sponsored by Representative Kelly Burke and supported by the Illinois Trial Lawyers Association. The bill…
Rank this Week: 4362

The Everlaw Blog

The Everlaw Blog

Covers legal technology used in litigation and eDiscovery, especially on the plaintiff's side.

http://blog.everlaw.com
  • Dec 18

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated
    In the legal industry, the Engineer versus Druid dichotomy is an interesting one.  These names come from a familiar aphorism: ‘There are two kinds of fools: one who says this is old and therefore good, and the other who says this…
  • Dec 12

    Painlessly Switching Ediscovery Platform Mid-case. No, really!

    Painlessly Switching Ediscovery Platform Mid-case. No, really!
    One of the great things about my job is that I get to spend a lot of time with legal professionals in the field.  One of the frustrating things, however, is watching them needlessly suffer through the experience of using ediscovery…
  • Dec 4

    The Importance of Technology in the Legal Space

    The Importance of Technology in the Legal Space
    The required skillset of 21st century lawyers is different from earlier generations’. The legal field has undergone a dramatic technological transformation, and many legal functions have evolved accordingly. And yet, even with all the…
Rank this Week: 2038

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Dec 18

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated
    In the legal industry, the Engineer versus Druid dichotomy is an interesting one.  These names come from a familiar aphorism: ‘There are two kinds of fools: one who says this is old and therefore good, and the other who says this…
  • Dec 12

    Painlessly Switching Ediscovery Platform Mid-case. No, really!

    Painlessly Switching Ediscovery Platform Mid-case. No, really!
    One of the great things about my job is that I get to spend a lot of time with legal professionals in the field.  One of the frustrating things, however, is watching them needlessly suffer through the experience of using ediscovery…
  • Dec 4

    The Importance of Technology in the Legal Space

    The Importance of Technology in the Legal Space
    The required skillset of 21st century lawyers is different from earlier generations’. The legal field has undergone a dramatic technological transformation, and many legal functions have evolved accordingly. And yet, even with all the…
Rank this Week: 2048