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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Aug 2

    Symposium: Evenwel v. Abbott and the Constitution’s big data problem

    Symposium: Evenwel v. Abbott and the Constitution’s big data problem
    Nathaniel Persily is the James B. McClatchy Professor of Law at Stanford University Law School. (For a more developed version of the argument presented here, please see Nathaniel Persily, The Law of the Census: How to Count, What to…
  • Jul 30

    Symposium: Ideology, partisanship, and the new “one person, one vote” case

    Symposium: Ideology, partisanship, and the new “one person, one vote” case
    Richard L. Hasen is a Chancellor’s Professor of Law at the University of California, Irvine School of Law. He blogs at Election Law Blog. It is tempting to think of the plaintiffs in Evenwel v. Abbott as conservatives. After all, the…
  • Jul 30

    U.S. appeals major insider trading case

    U.S. appeals major insider trading case
    Seeking to overturn a major setback in its power to punish trading of stocks based on insider tips, the Obama administration on Thursday asked the Supreme Court to revive one of the highest profile prosecutions in years on Wall Street.…
Rank this Week: 10

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
  • Aug 2

    Second Issue of 2015’s Rivista di diritto internazionale privato e processuale

    Second Issue of 2015’s Rivista di diritto internazionale privato e processuale
    (I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP) The second issue of 2015 of the Rivista di diritto internazionale privato e processuale (RDIPP,…
  • Aug 1

    Gedächtnisschrift for Hannes Unberath

    Gedächtnisschrift for Hannes Unberath
    The publishing house C.H. Beck has recently released the “Gedächtnisschrift für Hannes Unberath”. Edited by Stefan Arnold and Stephan Lorenz the volume contains, among others, four German language contributions…
  • Jul 31

    It’s Taken 15 Years…

    It’s Taken 15 Years…
    …For the Spanish lawmaker to fulfill the promise, made in 2000, of a Ley de cooperación juridical internacional en material civil. The new Act can be downloaded here. It will come into force  in twenty days.…
Rank this Week: 30

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: 32

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
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: 51

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 55

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: 64

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: 91

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Jul 27

    Why Does Georgia Hire LexisNexis To Summarize Its Laws?

    Why Does Georgia Hire LexisNexis To Summarize Its Laws?
    Via TechDirt, I learned that Carl Malamud, proprietor of Public.Resource.org, was sued last week by the State of Georgia for copyright infringement. Malamud is perhaps the leading advocate in the world for putting primary legal materials…
  • Jul 12

    Despite Go Set A Watchman, Atticus Finch Is Still A Hero

    Despite Go Set A Watchman, Atticus Finch Is Still A Hero
    It is impossible to overstate the impact that Atticus Finch has had on the American legal system and its members. Consider this opening from a case decided by the Florida Supreme Court in 2013: In his final remarks to the jury, Atticus Finch,…
  • 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…
Rank this Week: 136

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: 143

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
Rank this Week: 159

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Jul 21

    2015 PWC Patent Litigation Study: “A Change in Patentee Fortunes”

    2015 PWC Patent Litigation Study: “A Change in Patentee Fortunes”
    PWC has published the latest installment of its yearly patent litigation survey.  This year’s study has a focus on recent changes and how those changes are affecting patentees.  In particular, the PWC study provides eight key…
  • 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…
Rank this Week: 174

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/
Rank this Week: 196

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/
  • Aug 3

    Is Federal Preemption in Beneficiary Designation Cases Part of the Problem or Solution?

    Is Federal Preemption in Beneficiary Designation Cases Part of the Problem or Solution?
    John H. Langbein, Destructive Federal Preemption of State Wealth Transfer Law in Beneficiary Designation Cases: Hillman Double Down on Egelhoff, 67 Vand. L. Rev 1665 (2014).Phyllis C. TaiteThose who practice in estate planning and probate law…
  • Jul 31

    Untangling the Relationship between Rights, Federal Power, and Inequality: The Legal Legacy of Reconstruction

    Untangling the Relationship between Rights, Federal Power, and Inequality: The Legal Legacy of Reconstruction
    Laura Edwards, A Legal History of the Civil War and Reconstruction: A Nation of Rights (2015).Karen Tani“Black lives matter.” When spoken in law schools, these words have had a particular subtext. They expressed outrage at…
  • Jul 29

    Theorizing Damage Through Reproductive Tort

    Theorizing Damage Through Reproductive Tort
    Nicky Priaulx, Injuries That Matter: Manufacturing Damage in Negligence, available at BePress.Martha ChamallasOf the five basic elements of the negligence cause of action (duty, breach, cause-in-fact, proximate cause, damage), the concept of…
Rank this Week: 193

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 234

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: 265

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: 283

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: 289

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: 291

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Jul 23

    Insufficient GTLA Complaint Results in Dismissal

    Insufficient GTLA Complaint Results in Dismissal
    A recent Court of Appeals case is a good reminder to pay close attention when drafting your complaint in a Governmental Tort Liability Act (GTLA) case. In Parrott v. Lawrence Co. Animal Welfare League, Inc., No. M2014-01241-COA-R3-CV (Tenn.…
  • Jul 20

    Judgment For Plaintiff in Negligence Case Reversed on Appeal

    Judgment For Plaintiff in Negligence Case Reversed on Appeal
    In a somewhat rare move, the Tennessee Court of Appeals recently overturned a trial court’s ruling for plaintiff in a negligence case. In Tenn. Farmers Mut. Ins. Co. a/s/o Couch v. Jackson Madison School System Bd. of Educ., No.…
  • Jul 15

    Ordinary Negligence vs. Health Care Liability; Relying on the 120-Day Statute of Limitations Extension.

    Ordinary Negligence vs. Health Care Liability; Relying on the 120-Day Statute of Limitations Extension.
    A recent Tennessee Court of Appeals case dealt with the distinction between health care liability cases and claims of ordinary negligence. In Coggins v. Holston Valley Medical Center, No. E2014-00594-COA-R3-CV (Tenn. Ct. App. June 15, 2015),…
Rank this Week: 294

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: 378

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 27

    Levy on Huq on the Rationing of Constitutional Remedie

    Levy on Huq on the Rationing of Constitutional Remedie
    This month’s essay on the Courts Law section of JOTWELL is Rationing Constitutional Justice by Marin Levy. Marin reviews Aziz Huq’s recent article, Judicial Independence and the Rationing of Constitutional Remedies, 65 Duke L.J.…
  • Jul 16

    Note on Class Ascertainability

    Note on Class Ascertainability
    The Yale Law Journal has published a note by student Geoffrey C. Shaw on Class Ascertainability. It may be of interest given the Civil Rules Advisory Committee's recent report to the Standing Committee that "ascertainability"…
  • Jul 15

    Wasserman on Mixed Signals on Summary Judgment

    Wasserman on Mixed Signals on Summary Judgment
    Howard Wasserman has posted on SSRN his article, Mixed Signals on Summary Judgment, published in Michigan State Law Review. Abstract: This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for…
Rank this Week: 404

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 413

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: 434

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Aug 3

    $635,325 Judgment in Lincoln County Wrongful Death Bench Trial

    $635,325 Judgment in Lincoln County Wrongful Death Bench Trial
    On July 23, 2015 Circuit Court Judge David Strong entered a $635,325 judgment in McCrory v. Lincoln County School District. The judgment resulted from a tort claims act bench trial in a case involving a car-school bus wreck. Here is the…
  • Jul 31

    $2.7 Million Verdict in Helicopter Crash Case

    $2.7 Million Verdict in Helicopter Crash Case
    On Tuesday a federal court jury in Jackson rendered a total verdict of $2.7 million against Robinson Helicopter to plaintiffs involved in a 2009 helicopter crash in Jackson. Here is the original Complaint.  According to the Complaint,…
  • Jul 29

    almost back…..hopefully

    almost back…..hopefully
    I am working today for the first time in over two weeks due to a family medical emergency. Stuff has happened in my absence. There was a $2.7 million verdict in a federal court products case involving a helicopter and a $2.4 award in an…
Rank this Week: 446

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 27

    Non-Group Health Plan MMSEA Section 111 Reporting Update

    Non-Group Health Plan MMSEA Section 111 Reporting Update
    The Centers for Medicare and Medicaid Services (CMS) recently made several announcements regarding Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 reporting for Non-Group Health Plans (NGHPs). SECTION 111 NGHP TOWN HALL…
  • Jul 27

    Seventh Circuit Revives Consumer Class Action Relating to Neiman Marcus Data Breach

    Seventh Circuit Revives Consumer Class Action Relating to Neiman Marcus Data Breach
    On Monday July 20, 2015, the Seventh Circuit Court of Appeals weighed in on the hotly-contested issue of standing in data breach class action litigation. In so doing, the Court reversed the district court’s dismissal of a consumer class…
  • Jul 9

    What’s The Difference in Medical Malpractice Cases and Nursing Home/ALF Cases?

    What’s The Difference in Medical Malpractice Cases and Nursing Home/ALF Cases?
    In most states, the legal requirements a Plaintiff must meet to bring a medical malpractice claim are similar if not identical to what is required in order to bring a claim against a nursing home or assisted living facility.  One…
Rank this Week: 452

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: 440

CEB blog

CEB blog

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com
  • Aug 3

    When a Start-Up Needs an Employee Handbook

    When a Start-Up Needs an Employee Handbook
    Once a company grows to 20 employees or more, it may be time to create an employee handbook. Here are some common objections to this formality and how to overcome them. Employee handbooks have many advantages—from aiding new employees…
  • Jul 31

    When You Can’t Settle, Consider a Mini-Trial

    When You Can’t Settle, Consider a Mini-Trial
    A mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward. A mini-trial is a voluntary, confidential, and nonbinding procedure consisting…
  • Jul 29

    Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

    Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case
    The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court will…
Rank this Week: 506

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
Rank this Week: 502

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: 485

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Jul 30

    Embracing the Upside of Technology Assisted Review (TAR) in E-Discovery

    Embracing the Upside of Technology Assisted Review (TAR) in E-Discovery
    It was not terribly long ago that electronically stored information (ESI) collection and subsequent review looked a lot like this: gather up printed emails, scan them into the system with optical character recognition (OCR) set to “on,"…
  • Jul 30

    Surge in FOIA Requests Compelling Government Agencies to Bolster E-Discovery Processe

    Surge in FOIA Requests Compelling Government Agencies to Bolster E-Discovery Processe
    It may not grab headlines like some of the other e-discovery trends, but there is no larger e-discovery issue facing government agencies than the surge in Freedom of Information Act (FOIA) requests. FOIA is a federal law enacted in 1966,…
  • Jul 23

    Are you Prepared to Locate Responsive Data for E-Discovery?

    Are you Prepared to Locate Responsive Data for E-Discovery?
    Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side" e-discovery activities, such as…
Rank this Week: 517

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: 521

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: 575

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 623

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
  • Jul 12

    Judgment in Children's Motrin Case

    Judgment in Children's Motrin Case
    In a closely watched case in the legal community, Massachusetts’ highest court upheld a $63 million judgment against Johnson & Johnson, maker of Children’s Motrin, in the case of Samantha Reckis, who developed toxic epidermal…
  • Jul 7

    Understanding Structured Settlements: A New NSSTA Survey

    Understanding Structured Settlements: A New NSSTA Survey
    Insights about how structured settlements are used and what can be done to improve the process are featured in a new Claims and Litigation Management Alliance (CLM) article titled, Understanding Structured Settlements, written by Kevin Silo,…
  • Jun 29

    Structured Settlements and Non-Qualified Assignment

    Structured Settlements and Non-Qualified Assignment
    A non-qualified assignment involves the transfer of a future periodic payment obligation arising from the settlement of a dispute from the defendant or its carrier to a third-party assignee.  In this podcast, Ringler Radio host Larry…
Rank this Week: 662

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/
  • Jul 31

    9th Cir. Judge to move chambers to San Jose

    9th Cir. Judge to move chambers to San Jose
    Today's DJ profiles Judge Michelle Friedland and notes that "Next year she plans to move her chambers to the Robert F. Peckham Federal Building and U.S. Courthouse in San Jose, .... Architectural planning is under way to convert part of the…
  • Jul 30

    9th Cir. Chief Deputy Clerk of Operations to helm N.D. Cal.

    9th Cir. Chief Deputy Clerk of Operations to helm N.D. Cal.
    Congrats to Susan Soong, who will be the next Clerk of Court for the Northern District, replacing Clerk Richard Wieking! Details here and below:The Court is pleased to announce that it has selected Susan Y. Soong to be the next Clerk of…
  • Jul 30

    "Stark transgression against the norms of any decent and civilized society" AND bad briefing

    "Stark transgression against the norms of any decent and civilized society" AND bad briefing
    Here's today's case of "staggering hubris" and not just because of pro se "Appellate Irregularities."How often have thought this about a brief?The brief also fails to articulate separate arguments under separate headings, as required by…
Rank this Week: 707

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
Rank this Week: 683

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: 675

Texas Appellate Law Blog

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/
  • Apr 6

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice
    This post features the video and slides for the eighth and final lecture in my Appellate Practice and Procedure course. The presentation appears after the jump. Appellate law can be a very difficult practice area to break into. Because legal…
  • Apr 1

    Short-Citing to the Record in the Fifth Circuit

    Short-Citing to the Record in the Fifth Circuit
    I received a copy of this letter in one of my cases: What’s wrong with using the short citation form “id.” when citing the record? As I wrote about here, the Fifth Circuit recently standardized the format for citing…
  • Mar 30

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review
    This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when…
Rank this Week: 696

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: 703

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Aug 3

    Simple Jury Persuasion: Combatting distrust of science  

    Simple Jury Persuasion: Combatting distrust of science  
    The art of persuasion is often complex and diverse, but today’s study also shows how it can be simple and elegant. Here’s a surprisingly easy way to diminish the automatic, knee-jerk and distrusting reaction to scientific…
  • Jul 31

    Workplace rudeness: Death of a thousand cuts 

    Workplace rudeness: Death of a thousand cuts 
    It makes sense. If someone is rude to you, you might become grumpy and be rude in response, or rude to those who cross your path in the wake of the mistreatment. You may think of this as a small issue but new research shows us that rude…
  • Jul 29

    70% of evangelicals do not see religion and science as in  conflict

    70% of evangelicals do not see religion and science as in  conflict
    At least those are the findings of the Religious Understandings of Science (RUS) study which is based on a “nationally representative survey of more than 10,000 Americans”. Sponsored by the American Association for the Advancement…
Rank this Week: 755

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 812

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
  • Jul 30

    California Supreme Court invites your comment on proposed changes to publication rules involving cases accepted for review

    California Supreme Court invites your comment on proposed changes to publication rules involving cases accepted for review
    I expect that in this age of electronic research, most lawyers have experienced the frustration of finding the “perfect” case, only to learn it is unpublished and therefore could not be cited as precedent. (See rule 8.1115(a),…
  • Jul 28

    Don’t treat one superior court judge as the reviewing court for another

    Don’t treat one superior court judge as the reviewing court for another
    Writs and appeals are sometimes not the only routes (or even the preferred routes) to relief from an adverse order or judgment. Motions for reconsideration, post-trial motions for new trial or to vacate the judgment, and motions to set aside…
  • Jul 23

    The appellate angle in Marriage of Davi

    The appellate angle in Marriage of Davi
    Family law attorneys are buzzing this week about Monday’s unanimous Supreme Court decision in Marriage of Davis, case no. S215050 (July 20, 2015). The Metropolitan News-Enterprise summed up the holding this way: “A…
Rank this Week: 769

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • May 28

    Power mapping

    Power mapping
    Cross posted from Groundviews. ### I was asked to contribute an article to an up-coming issue of The Architect, the journal of the Sri Lanka Institute of Architects. The issue will be anchored to the idea of ‘democratic…
  • May 7

    Speaking notes: The future of tech and peacekeeping, re:publica 2015

    Speaking notes: The future of tech and peacekeeping, re:publica 2015
    Invited by ZIF – Center for International Peace Operations and representing the ICT4Peace Foundation, I spoke today at re:publica15 in Berlin, Germany on the future of peacekeeping and technology. The session this morning had…
  • Apr 6

    Big data can make South Asian cities more authoritarian

    Big data can make South Asian cities more authoritarian
    Nalaka Gunewardene has an interesting article on smart cities published on Scidev.net, in which he makes the case our cities today are just too unhealthy and that the advent of smart cities will “enhance feedback loops within the…
Rank this Week: 813

The Florida Jury Selection Blog

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges. By Robert W. Kelley.

http://www.juryblog.com
  • May 12

    “I don’t believe in the jury system”

    “I don’t believe in the jury system”
    During jury selection in a car accident case, a prospective juror told counsel she “didn’t believe in the jury system” because of an experience her brother had in a criminal case two years earlier. She said she thought she…
  • Apr 9

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire

    Fundamental Error to Restrict Lawyer’s Questions During Voir Dire
    A trial judge is Vero Beach was reversed last week for restricting defense counsel’s questions during jury selection. The defense lawyer in the case had been forced by the judge into going to trial without his client being…
  • Jan 30

    How to Save a Potentially Contaminated Jury Panel

    How to Save a Potentially Contaminated Jury Panel
    During jury selection in a civil trial a prospective juror stated in open court that he was familiar with one of the defendant’s expert medical witnesses. The juror said the expert had “kind of screwed-up my dad’s…
Rank this Week: 764