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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Jul 7

    Event announcement

    Event announcement
    On Thursday at 2 p.m., the Constitution Project will host its Term recap at the Rayburn House Office Building. Steve Vladeck will lead the discussion. For more information, and to RSVP, visit the Constitution Project’s website.
  • Jul 7

    Event announcement

    Event announcement
    On July 8, the Law and Economics Center at George Mason will host a “wrap-up” of the Court’s energy and environment docket from the October Term 2014. The event will take place at the National Press Club and will also be…
  • Jul 7

    Tuesday round-up

    Tuesday round-up
    End-of-Term overviews come from Nina Totenberg of NPR, who describes the October Term 2014 as a “historic term, a surprisingly liberal term – and a nasty term.”  And C-Span has video of a panel featuring a group of…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 23

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/
  • Apr 1

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

    Consolidation of Blogs: New Location of Content on ComplexDiscovery.com
    Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis.  New content ranging from news and events to opinions and assertions will now be available exclusively on the…
  • Mar 31

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix

    How to Detect, Define, & Use an Enterprise Document Attribute Matrix
    By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
  • Mar 30

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 30

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
  • Jun 30

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract

    Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2015: Abstract
    The latest issue of the “Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)” features the following articles: Holger Jacobs, The necessity of choosing the law applicable to non-contractual claims in international…
  • Jun 28

    The Asian Market for Contract

    The Asian Market for Contract
    In continuation of my previous work on the international attractiveness of contract laws in ICC arbitration, I have posted the draft of a new empirical study focusing on Asia (The Laws of Asian International Business Transactions). It is…
  • Jun 25

    I have been asked by Giacomo Pailli,…

    I have been asked by Giacomo Pailli, Università degli Studi, Florence, to spread the word about this study on the service of documents. Good luck with it! The EU Commission has recently launched a European-wide study on the…
Rank this Week: 39

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/
Rank this Week: 56

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Jul 1

    Canadian appellate court reduces record-setting $4.5 million punitive damages award

    Canadian appellate court reduces record-setting $4.5 million punitive damages award
    The StarPhoenix of Saskatoon reports that an appellate court in Saskatchewan has reduced an "unprecedented" $5 million damages award in an insurance bad faith case.The plaintiff claimed that two insurance companies unreasonably denied his…
  • Jul 1

    New York jury awards $16 million in punitive damages in sexual harassment case

    New York jury awards $16 million in punitive damages in sexual harassment case
    This story in the New York Daily News reports that a federal jury in Manhattan has awarded $2 million in compensatory damages and $16 million in punitive damages to a plaintiff who claimed that her employer sexually harassed her and then…
  • Jun 8

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case

    San Bernardino jury awards $2 million in punitive damages in murder-for-hire case
    The Associated Press reported over the weekend that a San Bernardino jury awarded $2 million in punitive damages, on top of $4.5 million in compensatory damages, to a man who claimed that the defendants plotted to murder him.  According…
Rank this Week: 77

Minnesota Litigator

Minnesota Litigator

Covers legal developments for civil litigators in Minnesota. By Seth Leventhal.

http://www.minnesota-litigator.com/
  • Nov 14

    “A Question of Exceptional Importance”

    “A Question of Exceptional Importance”
    Update (November 14, 2014): Since my earlier post on Bruce Carneil Webster’s case, below (the death penalty case in which Dorsey & Whitney lawyers are fighting for Webster, a mentally retarded man on death row), Webster lost the…
  • Nov 13

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.

    Yet Another Minnesota Attorneys’ Fee Hair Cut: Green v. BMW.
    Update (November 13, 2014): This endless case might be nearing its end, with the Minnesota Court of Appeals’ dramatic reduction in the trial court’s award of the victorious Plaintiff’s lawyers’ fees. We conclude…
  • Nov 12

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)

    Too Much Sugar is Bad For You (Like Tens of Thousands of Tons for Millions of Dollars)
    Update (November 12, 2014): It seems with each filing (as described below) the news gets worse for defendant U.S. Sugar Company in this case, which appears to be about the defendant’s misfortune of buying sugar at historic high prices…
Rank this Week: 85

Litigation and Trial

Litigation and Trial

Covers topics related to civil litigation. By Maxwell S. Kennerly.

http://www.litigationandtrial.com/
  • Jun 23

    Ted Frank And The Real Risk Of Class Action

    Ted Frank And The Real Risk Of Class Action
    Tort reformer Ted Frank and I have had our disagreements over the years. (See here and here.) In recent years, he has focused his work on filing objections to class action settlements through the Center for Class Action Fairness. Some of his…
  • May 26

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied

    Your “Motion To Strike” My Witness’ Deposition Testimony Is Denied
    As I wrote three years ago, one of the ‘basics’ as a young litigator is to learn how to take a deposition. Depositions are so commonplace in civil litigation — even the smallest of soft-tissue limited-tort car accident cases…
  • Apr 8

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone

    Phi Kappa Psi’s Doubtful Defamation Claim Against Rolling Stone
    Rolling Stone’s recent article, “A Rape on Campus,” needs no introduction. (If you really need one, check the extensive Wikipedia article.) On April 5, Rolling Stone formally retracted the article and published an extensive…
Rank this Week: 95

The Briefcase

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/
  • Feb 28

    Friday Roundup

    Friday Roundup
    Big news from SCOTUS.  Not really.  The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California.  The Highly Abbreviated Version of What Went Down:  the cops arrested Fernandez at his home,…
  • Feb 27

    My latest experiences with the burning bush

    My latest experiences with the burning bush
    I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn.  I've had two recent epiphanies.  The first is that the best time to start practicing for oral argument is just before…
  • Feb 26

    An unlikely story

    An unlikely story
    Every trial is a story.  The prosecution has a story.  The defense has a story.  Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…
Rank this Week: 135

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: 145

Asset Search Blog

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/
  • Jul 6

    Searching For Assets Hidden At Banks In Multiple Jurisdiction

    Searching For Assets Hidden At Banks In Multiple Jurisdiction
    Determined criminals sometimes conceal their illicit cash by laundering it through banks located in multiple jurisdictions.  Criminals are not the only ones concealing assets by using bank accounts in multiple jurisdictions.…
  • Jun 29

    Private Investigators: An Asset Search By Pursuing Interviews & Tip

    Private Investigators: An Asset Search By Pursuing Interviews & Tip
    I do not know how many witnesses Brian interviewed while he was an IRS Special Agent or when he was a high-ranking official at U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”).  Nor do I know the number…
  • Jun 22

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?

    Private Investigators: Searching Law Enforcement Databases For Your Personal Information?
    As “A Surreptitious Search For Money Hidden In Divorce & Other Cases” explains, law enforcement databases may house confidential information about a person’s assets.  Private investigators & the…
Rank this Week: 174

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • May 25

    The Courts and Patent Litigation

    The Courts and Patent Litigation
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns…
  • May 22

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent…
  • May 20

    Bit Torrent Default Judgment Gets $750/Movie

    Bit Torrent Default Judgment Gets $750/Movie
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu…
Rank this Week: 181

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jul 6

    Not Required to Disclose Zero Prior Violations on Certificate of Good Faith

    Not Required to Disclose Zero Prior Violations on Certificate of Good Faith
    In Kerr v. Thompson, No. W2014-00628-COA-R9-CV (Tenn. Ct. App. June 9, 2015), the Court of Appeals recently followed the Tennessee Supreme Court’s lead and held that a certificate of good faith (one must be filed with the complaint in…
  • Jul 2

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA

    Pre-Suit Notice Sent Via FedEx Substantially Complied with HCLA
    In Arden v. Kozawa, No. E2013-01598-SC-R11-CV (Tenn. June 30, 2015), the Supreme Court addressed the issue of whether a plaintiff in a medical malpractice ( now known as a “health care liability” ) lawsuit can send pre-suit notice…
  • Jul 1

    The Probable Cause Defense to Malicious Prosecution Claim

    The Probable Cause Defense to Malicious Prosecution Claim
    A recent Court of Appeals decision serves as a good refresher on the elements and defenses in a malicious prosecution case. In Preston v. Blalock, No. M2014-01739-COA-R3-CV (Tenn. Ct. App. May 29, 2015), tenant’s plastic surgery…
Rank this Week: 202

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Jul 1

    Breaking News: Civil War About Slavery

    Breaking News: Civil War About Slavery
    With a background as a history major, it’s frustrating to hear Civil War and Confederate flag apologists say that slavery was not the root cause of the Civil War. “It was about state’s rights,” they say. They are…
  • Jun 29

    Deposition Witness Murders Clarksdale Attorney

    Deposition Witness Murders Clarksdale Attorney
    Clarksdale attorney Ellis Pittman was murdered on Friday by a man who Pittman was suing and deposing at the time of the murder. From WMC: Pittman was suing Frazier over work he had done on his home. Pittman claimed the work was shoddy and…
  • Jun 24

    Flagageddon

    Flagageddon
    Who can work with the god-awful Mississippi state flag back in the news. The flag, which voters unwisely didn’t dump in 2001, is being attacked from all corners. Here’s the latest scoreboard on public officials and politicians who…
Rank this Week: 198

Say What?! Judge Jerry Buchmeyer's…

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://saywhat.texasbar.com/
  • Nov 21

    December 1997 - I Did a Buchmeyer

    December 1997 - I Did a Buchmeyer
    From Jeffrey Hirt of Houston, this excerpt from his examination of the present wife of his client:Q. Gina, how long have you known your stepdaughters?A. Actually, since before they were born. When Joan was still pregnant.Mr. Hirt: I'll send…
  • Nov 20

    September 2007 - That's How Vegas Work

    September 2007 - That's How Vegas Work
    Ryan Morris, who is a second-year law student at the University of Texas, was working for a small firm in Austin when he came across this excerpt in a deposition from a probate case where a party was testifying about his bank account:A. I…
  • Nov 19

    May 1985 - Were You in the Military Service?

    May 1985 - Were You in the Military Service?
    Q. How far did you get in the service? It was in the Army, wasn't it? A. Yes, sir, the Army. Q. How far did you get? A. Over to the South Pacific.
Rank this Week: 222

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 238

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Jul 3

    Undue Influence Claim Deemed Sufficient To Go To Trial

    Undue Influence Claim Deemed Sufficient To Go To Trial
    Undue influence has always been one of the most difficult claims to prove in an estate contest. New York County Surrogate Nora Anderson has determined in The Matter of Wechsler ,2015 Slip Op 3100 U, that sufficient issues of fact have been…
  • May 14

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust
    Nassau County Surrogate Edward McCarty III likes to begin his weekly Wednesday calendar call with a folksy chat to the usually packed courtroom. This week, the judge lamented the recent decision of the state to make new staff cuts of court…
  • Apr 19

    Digital Life After Death, A Question For The Future

    Digital Life After Death, A Question For The Future
    Your lawblogger recently attended a seminar given by Evan Carroll, the author of  “Your Digital Afterlife”,  a book speaking to the growing issues that have arisen as our activities on line have continued to branch out…
Rank this Week: 266

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: 293

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/
  • Jul 7

    Whistleblowers as Securities Fraud Detector

    Whistleblowers as Securities Fraud Detector
    Amanda Rose, Better Bounty Hunting: How the SEC's New Whistleblower Program Changes the Securities Fraud Class Action Debate, 108 Nw. U. L. Rev. 1235 (2014).Tom C.W. LinSecurities fraud presents one of the more vexing challenges for financial…
  • Jul 6

    The Reasons for Failures and Delays in Confirming Nominees Are More Complicated than We Think

    The Reasons for Failures and Delays in Confirming Nominees Are More Complicated than We Think
    Anne Joseph O'Connell, Shortening Agency and Judicial Vacancies through Filibuster Reform? An Examination of Confirmation Rates and Delays from 1981 to 2014, 64 Duke L.J. 1645 (2015).Richard PierceI thought I had a good general…
  • Jul 3

    The Truth is Not Enough to Set Us Free

    The Truth is Not Enough to Set Us Free
    Erik J. Girvan, On Using the Psychological Science of Implicit Bias to Advance Anti-Discrimination Law, (2015), available at SSRN.Marcia L. McCormickLegal scholars in a wide range of areas have used now well-settled developments in cognitive…
Rank this Week: 312

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/
  • May 13

    Court Of Chancery Explains Standard Of Review Of Special Litigation Committee Repot

    Court Of Chancery Explains Standard Of Review Of Special Litigation Committee Repot
    Iron Workers District Council Of Philadelphia & Vicinity Retirement & Pension Plan v. Andreotti, C.A. No. 9714-VCG (May 8, 2015) This may be the definitive decision on how to review the conclusion of a board of directors to accept the…
  • May 13

    Court Of Chancery Awards Loser Fee

    Court Of Chancery Awards Loser Fee
    In re Nine Systems Corporation Shareholder Litigation, C.A. No. 3940-VCN (May 7, 2015) After years of litigating a breach of fiduciary duty case, the plaintiff won the battle but lost the war when the Court held that the defendants had…
  • May 4

    Court Of Chancery Explains Creditor’s Right To File Fiduciary Duty Claim

    Court Of Chancery Explains Creditor’s Right To File Fiduciary Duty Claim
    Quadrant Structured Products Company Ltd. v. Vertin, C.A. 6990-VCL (May 4, 2015) While it is generally known that creditors may only file derivative suits when the company is insolvent, there have been many open issues about what exactly that…
Rank this Week: 322

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 342

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Jul 7

    Nursing Expert Witness’s Testimony Limited

    Nursing Expert Witness’s Testimony Limited
    Nursing expert was qualified to testify on risk management procedures and quality control in hospitals, but not qualified to testify on issues regarding nephrology or dialysis.
  • Jun 29

    Insurance Expert Witness On Excess Of Loss Coverage Part 1

    Insurance Expert Witness On Excess Of Loss Coverage Part 1
    What areas may insurance expert witnesses consult on? They may write reports, give deposition and testify on insurance regulations, insurance fraud, reinsurance, and more. In Excess Of Loss Coverage For Self Insurers: Is It Insurance Or…
  • Jun 26

    The Care and Feeding of Expert Witnesses Part 2

    The Care and Feeding of Expert Witnesses Part 2
    In The Care and Feeding of Expert Witnesses, John T. Bogart offers advice from the viewpoint of a reinsurance expert witness. Mr. Bogart has more than 34 years of insurance industry experience, ranging from liability underwriting to being the…
Rank this Week: 388

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 393

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/
  • Jul 5

    NAELA Journal - Recent ACA Article

    NAELA Journal - Recent ACA Article
    With last week's Supreme Court decision in King v. Burwell, upholding tax credits for individuals purchasing health insurance through the federal insurance exchange in addition to state insurance exchanges, the Patient Protection and…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 3

    NSSTA Marketing Surveys - Senior Claims Executives 3
    Senior claims executives of property and casualty insurance companies have represented one of the most important advocate groups supporting structured settlements since the concept was first introduced in the late 1970s. During 2014, the…
  • Jun 17

    NSSTA Marketing Surveys - Senior Claims Executives 2

    NSSTA Marketing Surveys - Senior Claims Executives 2
    The National Structured Settlement Trade Association (NSSTA) has established a new NSSTA "Industry Growth Initiative," "designed to identify opportunities to expand the use of structured settlements and bring those opportunities to the…
Rank this Week: 450

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
  • Jul 7

    Call for Papers: Best Untenured Article on Fed Court

    Call for Papers: Best Untenured Article on Fed Court
    AALS Section on Federal Courts: Annual Award for Best Untenured Article on the Law of Federal Jurisdiction The AALS Section on Federal Courts is pleased to announce the fourth annual award for the best article on the law of federal...
  • Jul 1

    Post-Obergefell Update from Alabama: Federal Injunction Now in Effect

    Post-Obergefell Update from Alabama: Federal Injunction Now in Effect
    In the wake of last week’s U.S. Supreme Court decision in Obergefell, federal judge Callie Granade issued an order today confirming that her earlier classwide preliminary injunction in the Strawser case is “now in effect and binding on…
  • Jun 29

    SCOTUS Cert. Grant in Musacchio v. United State

    SCOTUS Cert. Grant in Musacchio v. United State
    There are some interesting procedural issues in Musacchio v. United States, a case for which the Supreme Court granted certiorari today. It presents two questions: (1) Whether the law-of-the-case doctrine requires the sufficiency of the…
Rank this Week: 493

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
Rank this Week: 469

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Jun 28

    Join The Contingency

    Join The Contingency
    Dear Blawgletterati Member, You, a special person You belong to an elite group – the highly intelligent readers of Blawgletter, one of the 10 all-time most popular Trials and Litigation law blogs on Justia. With Blawgletter’s farewell,…
  • Jun 16

    Blawgletter® Has Moved!

    Blawgletter® Has Moved!
    Blawgletter® has moved to a new location, and is now The Contingency. You will be redirected shortly.
  • Jun 14

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 477

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Jul 6

    The Threshold Lies in the Method: Instructing Jurors About Reasoning Beyond Reasonable Doubt

    The Threshold Lies in the Method: Instructing Jurors About Reasoning Beyond Reasonable Doubt
    Federico Picinali The Threshold Lies in the Method: Instructing Jurors About Reasoning Beyond Reasonable Doubt Abstract: The last few decades have seen several scholars and courts striving to understand the meaning of the reasonable doubt…
  • Jul 1

    Lost in Translation: Criminal Jury Trials in the United State

    Lost in Translation: Criminal Jury Trials in the United State
    Michael Heyman Lost in Translation: Criminal Jury Trials in the United States Abstract: Two features of the jury instructions in the Trayvon Martin case combined to make acquittal a virtual certainty: The court's failure to instruct the jury…
  • Jun 30

    Verifying a Juror's Past

    Verifying a Juror's Past
    The article below examines the challenge of ensuring juror honesty during voir dire. I believe more and more attorneys will turn to investigating and monitoring jurors. Today's digital world has made it fairly easy to research someone's…
Rank this Week: 510

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
  • Jan 25

    Ringler Associates: Celebrating 40 Years in Structured Settlement

    Ringler Associates: Celebrating 40 Years in Structured Settlement
    Since 1975, Ringler Associates has been a nationwide leader in the structured settlement industry and this year, is celebrating a 40th Anniversary! On this Ringler Radio podcast, host Larry Cohen joins colleague,  Mike Casey  and…
  • Jan 11

    Spotlight on the Georgia Trial Lawyers Association

    Spotlight on the Georgia Trial Lawyers Association
    Since 1956, the Georgia Trial Lawyers Association, better known as GTLA, has worked tirelessly to ensure that everyday citizens, Georgia families and small businesses are never deprived of their constitutional guarantee of access to true…
  • Dec 30

    From Wealth Management to Structured Settlement

    From Wealth Management to Structured Settlement
    Financial security is an important factor for individuals and their families when choosing to go with a structured settlement. Today on Ringler Radio, host, Larry Cohen joins  Phillip Krause, a new structured settlement consultant for…
Rank this Week: 526

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: 527

eDiscovery Daily Blog

eDiscovery Daily Blog

Provides eDiscovery news, analysis and educational tips. By Trial Solutions.

http://www.ediscoverydaily.com/
  • Jul 6

    Plaintiff Ordered to Re-Produce Files in Native Format Because it Failed to Meet and Confer with Defendant: eDiscovery Case Law

    Plaintiff Ordered to Re-Produce Files in Native Format Because it Failed to Meet and Confer with Defendant: eDiscovery Case Law
    In Themis Bar Review, LLC v. Kaplan, Inc., California Magistrate Judge Barbara L. Major ordered the plaintiff pay for the cost to produce files in native format after the plaintiff originally produced unsearchable PDF images without metadata…
  • Jul 5

    Rest in Peace, Jack Halprin

    Rest in Peace, Jack Halprin
    I was prepared to report some happy news today, as Chris LaCour joined EDRM last week as Director of Business Development. Unfortunately, with this happy news, I also learned of sad news earlier today. Jack Halprin, head of eDiscovery at…
  • Jul 1

    Independence Day is Saturday! Declare Your eDiscovery Independence!: eDiscovery Best Practice

    Independence Day is Saturday! Declare Your eDiscovery Independence!: eDiscovery Best Practice
    As we approach our country’s independence day on Saturday, we thought we would take a look at how that relates to electronic discovery and ask this question: Do you feel like you’re frequently dependent on others to accomplish the…
Rank this Week: 592

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

    Judge: Still No to Obama Immigration Action
    A federal judge in Texas early this week refuses to lift an injunction blocking the Obama administration’s immigration policy to defer deportations for illegal immigrants living in the United States. Andrew Hanen, a U.S. district judge,…
  • May 26

    Art Activists: New York City Halted Museum Protest Speech

    Art Activists: New York City Halted Museum Protest Speech
    Several art activists filed a federal suit against New York City and claimed their First Amendment rights were being violated during last year’s Metropolitan Museum of Art protest. The plaintiffs utilized mobile video projectors to show…
  • May 25

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 588

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Jul 6

    Breaking Down the Possibilities Assuming Stephanie Was Honest & Accurate About Her Call to Adnan

    Breaking Down the Possibilities Assuming Stephanie Was Honest & Accurate About Her Call to Adnan
    On last week's Addendum Episode of the Undisclosed Podcast, we discussed Stephanie's statement to Adnan's private investigator that she recalled calling Adnan's cell phone between 4:15 and 5:30 P.M. on January 13, 1999. According to…
  • Jul 3

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege

    NJ Senate Approves Bill to Create Crime-Fraud Exception to Marital Privilege
    I've done a couple of posts about State v. Terry, 2014 WL 3579653 (N.J. 2014) 68 A.3d 177 (N.J.Super.A.D. 2013) (here and here). In Terry, the Supreme Court of New Jersey proposed a crime-fraud exception to the marital privilege. The...
  • Jul 2

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?

    What Are the Odds That Jay Was at Woodlawn at 3:00 P.M. on January 13th?
    Yesterday, I posted about Jay's statement to Detevtives Ritz and MacGillivary during his pre-interview that Jeff G. drove him to Woodlawn High School at 3:00 P.M. on January 13, 1999, whereupon he met Stephanie in the parking lot. Obviously,…
Rank this Week: 622

Federal Civil Practice Bulletin

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/
Rank this Week: 632

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 684

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: 680

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: 715

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 725

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
  • Jul 7

    “Ban the Box” Comes to New York City: New Law to Limit and Regulate Employers’ Ability to Consider Criminal Background in Hiring

    “Ban the Box” Comes to New York City: New Law to Limit and Regulate Employers’ Ability to Consider Criminal Background in Hiring
    On June 10, 2015, the New York City Council passed the Fair Chance Act (“the Act”), which makes it unlawful for employers to inquire about an applicant’s criminal background during the initial stages of the application…
  • Jul 6

    Five Tips for Small Firms to Maximize DRI Membership

    Five Tips for Small Firms to Maximize DRI Membership
    As a shareholder at a small firm, I understand the unique concerns of small businesses. My goal each day is to find balance between tending to current client needs, supervising young attorneys, and making sure the firm’s administrative…
  • Jun 25

    Premises Liability, Mode of Operation

    Premises Liability, Mode of Operation
    *The Massachusetts Supreme Judicial Court has on June 23, 2015  ruled that the “mode of operations” approach to premises liability applies to slip and fall incidents including slipping on a wet spot on the dance floor in a…
Rank this Week: 766

The Jury Room

The Jury Room

Covers juries, trial consulting, trial skills and litigation advocacy. By Keene Trial Consulting.

http://keenetrial.com/blog
  • Jul 3

    Trustworthiness, real adulthood, cat videos and how open you are to experiences 

    Trustworthiness, real adulthood, cat videos and how open you are to experiences 
    Here’s another installment of things we think you might want to know but to which we don’t wish to devote an entire blog post. Keep reading to have tidbits worthy of sound bytes over drinks. The onset of ‘real’…
  • Jul 1

    The Bias Blind Spot Scale 

    The Bias Blind Spot Scale 
    We’ve written about the bias blind spot here before and now there is an actual scale to measure your specific bias blind spot (since, as it turns out, we all have one or more). You may wish to disagree with the statement that we all…
  • Jun 29

    A new issue of The Jury Expert 

    A new issue of The Jury Expert 
    We try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit. Does Deposition Video Camera Angle Affect Witness Credibility? by…
Rank this Week: 770

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Jun 28

    Dividing bills of costs by phase

    Dividing bills of costs by phase
    I’ve commented before on the fact that whatever the merits of the Jackson costs reforms, the implementation process has been truly botched. Nowhere is this more apparent than the introduction of costs budgeting. There are obviously…
  • Jun 24

    Costs of detailed assessment in costs budget

    Costs of detailed assessment in costs budget
    PD 47 para.5.19 states: “The bill of costs must not contain any claims in respect of costs or court fees which relate solely to the detailed assessment proceedings other than costs claimed for preparing and checking the bill.”…
  • Jun 14

    Costs of an application for relief from sanction

    Costs of an application for relief from sanction
    The recent decision in O’Brien v Shorrock & The MIB [2015] EWHC 1630 (QB) deals with a number of interesting costs issues. One of these concerned an application for relief from sanctions by a party who had given incorrect…
Rank this Week: 791

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 758

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/
Rank this Week: 816

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • Jul 2

    My latest iPhone app discoverie

    My latest iPhone app discoverie
    This week's Daily Record column is entitled "My latest iPhone app discoveries." My past Daily Record articles can be accessed here. ***** My latest iPhone app discoveries I readily admit it: I’m a tech geek. And one of my favorite…
  • Jun 23

    Wisconsin weighs in on the ethics of cloud computing

    Wisconsin weighs in on the ethics of cloud computing
    This week's Daily Record column is entitled "Wisconsin weighs in on the ethics of cloud computing ." My past Daily Record articles can be accessed here. ***** Wisconsin weighs in on the ethics of cloud computing In March, Wisconsin joined the…
  • Jun 10

    New York State Bar on virtual law practice

    New York State Bar on virtual law practice
    This week's Daily Record column is entitled "New York State Bar on virtual law practices." My past Daily Record articles can be accessed here. ***** New York State Bar on virtual law practices Last week I discussed Schoenefeld v. State of New…
Rank this Week: 849

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/
  • Jun 22

    This blawg will be on hiatus until mid-July....

    This blawg will be on hiatus until mid-July....
    This blawg will be taking a short break. Should be fine, right? Nothing important could possibly happen in the appellate world in just a few weeks over the summer...
  • Jun 22

    No flim flam

    No flim flam
    Are orders remanding a case from state to federal court appealable?The recent 9th Circuit case of Flam v. Flam (9th Circ. June 8, 2015) provides a clue.H&L's Peder Batalden and John Querio explain all in today's DJ.Here're the opening…
  • Jun 18

    Today's appellate tidbit

    Today's appellate tidbit
    Today's DJ profiles LASC Judge Dick Burdge. Prominent commercial litigator in the LA legal community? Sure. But he earns his spot on this blog because: "His wife is Lee S. Edmon, a former presiding judge of the Los Angeles County Superior…
Rank this Week: 853