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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 29

    Petition of the day

    Petition of the day
    The petition of the day is: Solomon-Eaton v. United States 15-8975 Issue: When a child protection services investigator is a government agent for purposes of the right to counsel guaranteed by the Sixth Amendment.
  • Sep 29

    Justices add eight new cases to docket for upcoming term (UPDATED)

    Justices add eight new cases to docket for upcoming term (UPDATED)
    The official start to the Supreme Court’s new term will come on Monday, when the eight justices will convene for a non-argument session at 10 a.m. But the unofficial start came at 9:30 a.m. this morning, when the justices released an…
  • Sep 29

    Court grants certiorari in nine cases, consolidating two

    Court grants certiorari in nine cases, consolidating two
    Today the court granted review in the following cases. Endrew F. v. Douglas County School District: What is the level of educational benefit that school districts must confer on children with disabilities to provide them with the free…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Sep 29

    "A Loss for Citizens United. And for Democrats."

    "A Loss for Citizens United. And for Democrats."
    "A Loss for Citizens United. And for Democrats." Law professor Noah Feldman has this essay online today at Bloomberg View.
  • Sep 29

    "Court to rule on offensive trademarks"

    "Court to rule on offensive trademarks"
    "Court to rule on offensive trademarks": Lyle Denniston has this blog post today.
  • Sep 29

    "Malcolm Lucas, former California chief justice, dies at 89"

    "Malcolm Lucas, former California chief justice, dies at 89"
    "Malcolm Lucas, former California chief justice, dies at 89": Bob Egelko of The San Francisco Chronicle has this report. And Jeremy B. White and Christopher Cadelago of The Sacramento Bee report that "Former California Chief Justice Malcolm…
Rank this Week: 19

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
  • Sep 29

    Turkish Constitutional Court on international child abduction

    Turkish Constitutional Court on international child abduction
    By an individual application, the Turkish Constitutional Court for the first time examined an allegation of violation of rights secured under the Turkish Constitution in the proceedings before the Turkish courts in relation to the 1980 Hague…
  • Sep 27

    Vitamin C and Comity

    Vitamin C and Comity
    Following up on last week’s post on the Second Circuit’s comity decision in the Vitamin C Antitrust Litigation case, Professor Bill Dodge of UC Davis has the following thoughts (also cross-posted on Opinio Juris here) American law…
  • Sep 26

    Conference on the new European Matrimonial Property Regulations in Würzburg

    Conference on the new European Matrimonial Property Regulations in Würzburg
    The German Notary Institute and the Chair of Civil Law, Private International Law and Comparative Law at the University of Regensburg are hosting a joint conference on the new Matrimonial Property Regulations for spouses and registered…
Rank this Week: 38

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 58

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: 61

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: 67

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: 88

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

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: 181

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
  • Sep 28

    7 Grounds for Objecting During Voir Dire

    7 Grounds for Objecting During Voir Dire
    Once the jury panel has been sworn, prospective jurors are selected at random, seated in the jury box, and questioned. Counsel may conduct a “liberal and probing examination” that’s calculated to discover juror bias or…
  • Sep 26

    Cohabitating Couples Need Clear Agreement

    Cohabitating Couples Need Clear Agreement
    Millennials appear to be less likely to marry and more likely to live together. As the Huffington Post explains, “[c]ouples are now more apt to consider cohabitation as their next stage in their relationships before they begin to…
  • Sep 23

    6 Ways to Multitask More Effectively

    6 Ways to Multitask More Effectively
    Many lawyers believe that their productivity gets a boost when they multitask. Sadly, it may be just the opposite. But because multitasking isn’t going away anytime soon, lawyers can learn ways to break bad habits and multitask more…
Rank this Week: 187

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 29

    Nursing Home Arbitration Banned: What’s the Impact for Mississippi Litigation?

    Nursing Home Arbitration Banned: What’s the Impact for Mississippi Litigation?
    The New York Times announced last night that the federal government is banning arbitration clauses in nursing homes that receive Medicare and Medicaid funding, which is pretty much all of them. It’s nice to see that the nursing home…
  • Sep 27

    Your Boss Probably Isn’t This Bad

    Your Boss Probably Isn’t This Bad
    Don’t know how I missed this guy, but the NY Times announced today that Mike Davis, the world’s grumpiest boss has died. How grumpy you ask? Consider some of these gems contained in memos in the pre-email days: There will be no…
  • Sep 26

    Does PERS Have 2 Sets of Books?

    Does PERS Have 2 Sets of Books?
    Last week the New York Times published this Mary Williams Walsh article regarding public pensions having two sets of books. Why the difference? The dreaded investment return projections that I have discussed in many prior posts on this topic.…
Rank this Week: 204

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Aug 7

    Why Drug Companies Oppose “Free To Choose” Medicine

    Why Drug Companies Oppose “Free To Choose” Medicine
    Thirty-one states have passed “Right To Try” legislation that, in theory, makes it easier for patients with terminal diagnoses to use drugs that are in the investigational stage but haven’t yet been approved by the FDA. I…
  • Jul 18

    No Sympathy For The Corporate Defendant

    No Sympathy For The Corporate Defendant
    There are a few truisms in civil jury trial practice, one of which is: don’t make an appeal to sympathy. See, e.g., Arnold v. E. Air Lines, Inc., 681 F.2d 186, 196-200 (4th Cir. 1982)(“the blatant, direct appeal for sympathy in…
  • Jul 11

    Pokémon GO Players Need To Send This Email Immediately

    Pokémon GO Players Need To Send This Email Immediately
      Here’s the punchline: if you play Pokémon GO, then, within thirty (30) days of downloading it, you need to send an email to termsofservice@nianticlabs.com with the subject “Arbitration Opt-out Notice” in…
Rank this Week: 197

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Feb 1

    Executors Should Beware Of Serious Pitfall

    Executors Should Beware Of Serious Pitfall
    Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made…
  • Jan 31

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar
    The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He was far…
  • Jul 20

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 196

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 27

    Tennessee COA Reverses Trial Judge’s Finding of Negligence

    Tennessee COA Reverses Trial Judge’s Finding of Negligence
    In Peters-Asbury v. Knoxville Area Transit, Inc., No. E2015-01816-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2016), the Court of Appeals overturned a bench trial negligence verdict. Plaintiff was a student at the University of Tennessee with limited…
  • Sep 26

    Tennessee GTLA Claim Regarding Water Meter Hole Not a Premises Liability Case

    Tennessee GTLA Claim Regarding Water Meter Hole Not a Premises Liability Case
    In Fowler v. City of Memphis, No. W2015-01637-COA-R3-CV (Tenn. Ct. App. Aug. 11, 2016), the Court of Appeals analyzed a case falling under the GTLA, ultimately holding that while plaintiff appeared to be making a premises liability claim, the…
  • Sep 21

    Supervision of Mental Patient Issue That Requires Expert Testimony

    Supervision of Mental Patient Issue That Requires Expert Testimony
    In Newman v. Guardian Healthcare Providers, Inc., No. M2015-01315-COA-R3-CV (Tenn. Ct. App. July 27, 2016), the Court of Appeals affirmed the dismissal with prejudice of a medical malpractice (now known as a “health care…
Rank this Week: 216

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/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 215

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: 208

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/
  • Sep 29

    Are Corporations Responsible Agents?

    Are Corporations Responsible Agents?
    Benjamin Ewing, The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, 8 J. Tort Law 1 (2015).Gregory KeatingIn The Structure of Tort Law, Revisited: The Problem of Corporate Responsibility, Benjamin Ewing, a visiting…
  • Sep 28

    Does Compensation Deter Takings? New (and Surprising) Evidence

    Does Compensation Deter Takings? New (and Surprising) Evidence
    Ronit Levine-Schnur & Gideon Parchomovsky, Is the Government Fiscally Blind? An Empirical Examination of the Effect of the Compensation Requirement on Eminent Domain Exercises, 45 J. Legal Stud. (forthcoming 2016), available at Penn…
  • Sep 27

    Looking Intersectionally and Seeing Structural Bia

    Looking Intersectionally and Seeing Structural Bia
    Priscilla Ocen, (E)Racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors, 62 UCLA L. Rev. 1586 (2015).Wendy Anne BachEvery day, across the criminal justice system,…
Rank this Week: 226

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Aug 11

    Patent Plaintiff’s Lawyer Ray Niro Passes Away

    Patent Plaintiff’s Lawyer Ray Niro Passes Away
    Ray Niro passed away Monday at the age of 73 in Italy. Most readers will know Ray Niro as the original patent plaintiff’s lawyer. Ray was bigger than life, as was his reputation — both good and bad depending upon where you view…
  • Jul 25

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review

    2016 Rocky Mountain IP Conference: Mark Lemely Year in Patent Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. Here are some highlights: 101 jurisprudence 42 cases holding…
  • Jul 22

    2016 Rocky Mountain IP Conference: PTAB Year in Review

    2016 Rocky Mountain IP Conference: PTAB Year in Review
    I attended the 14th annual Rocky Mountain IP & Technology Institute at the beginning of June. This panel looked at the PTAB case law and related Federal Circuit decisions over the last year.  Here are the highlights: Institution…
Rank this Week: 229

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/
  • Sep 29

    SCOTUS Cert Grants – the Long Conference

    SCOTUS Cert Grants – the Long Conference
    Today the Supreme Court issued the order list following its end-of-the-summer “Long Conference.” It granted certiorari in nine cases. Here are some that may be of particular interest... McLane Co. v. EEOC (No. 15-1248): Whether a district…
  • Sep 28

    Vazquez and Vladeck on a Constitutional Right to Collateral Post-Conviction Review

    Vazquez and Vladeck on a Constitutional Right to Collateral Post-Conviction Review
    Carlos Vazquez and Steve Vladeck have posted on SSRN a draft of their article, The Constitutional Right to Collateral Post-Conviction Review, which will be published in the Virginia Law Review. Here’s the abstract: For years, the prevailing…
  • Sep 27

    Ninth Circuit Decision on FRCP 44.1, Foreign Law & the Uniform Recognition Act

    Ninth Circuit Decision on FRCP 44.1, Foreign Law & the Uniform Recognition Act
    Yesterday the U.S. Court of Appeals for the Ninth Circuit issued its decision in de Fontbrune v. Wofsy. The court unanimously held that the district court was correct to consider expert declarations on the content of French law in…
Rank this Week: 245

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 297

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: 338

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Sep 26

    Biomechanics and Orthopedic Surgery Experts Challenged

    Biomechanics and Orthopedic Surgery Experts Challenged
    Plaintiff sued Defendants for injuries suffered during an arrest.  Both parties called experts and both were subject to exclusion motions. Facts:  This case (McKeon v. City of Morris – United States District Court –…
  • Sep 23

    Gastroenterology Expert Witness Granted in Part and Denied in Part

    Gastroenterology Expert Witness Granted in Part and Denied in Part
    Plaintiff filed suit against Government for negligence and medical malpractice.  Government filed a motion to exclude the testimony of gastroenterology expert witness.  The court denied the motion in part and granted the motion in…
  • Sep 21

    Patent and Trademark Expert Witnesses Granted in Part, Denied in Part

    Patent and Trademark Expert Witnesses Granted in Part, Denied in Part
    Plaintiff sued defendant for patent and trademark violations.  Both hired expert witnesses and both challenged the testimony of each witness. Facts:  This case (Loggerhead Tools, LLC v. Sears Holdings Corporation – United…
Rank this Week: 328

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: 340

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
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 376

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: 356

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: 392

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/
  • Sep 29

    Supreme Court arguments in San Diego today

    Supreme Court arguments in San Diego today
    Supreme Court Oral Arguments The Supreme Court will live webcast oral arguments beginning at 10:45 A.M. This special session is being held in San Diego and will feature a Q&A exchange between attending students and the…
  • Sep 29

    RIP Chief Justice Malcolm Luca

    RIP Chief Justice Malcolm Luca
    The Recorder reports that Former State Chief Justice Malcolm Lucas Dies at 89: "The conservative judge steered the court through the post-Rose Bird era." Lucas was an associate justice on the Supreme Court from April 1984 to February 1987,…
  • Sep 29

    2d DCA pro tem update

    2d DCA pro tem update
    The following are currently sitting on assignment: Judge Allan Goodman (Retired) of the Los Angeles Superior court, will be sitting Pro-Tem in Division Two until November 30, 2016.Judge Maria E. Stratton of the Los Angeles…
Rank this Week: 445

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/
  • Sep 11

    S2P2J Release 60

    S2P2J Release 60
    The United States structured settlement market has been in existence for almost 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. Since it was first published in…
  • Jun 25

    PFAC 2016 Annual Conference

    PFAC 2016 Annual Conference
    Fiduciary standards, as they relate to product suitability specifically, and to business practices generally, can be expected to become more significant factors in product sales for the traditional structured settlement market as it continues…
  • May 18

    S2P2J Release 59

    S2P2J Release 59
    Despite historically low interest rates and negative PR (most recently this Washington Post Editorial) resulting from the unconscionable business practices of some secondary market companies, the primary structured settlement market continues…
Rank this Week: 442

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: 440

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: 450

Litigation PostScript

Litigation PostScript

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

http://www.litigationps.com/litigation_postscript_per/
  • Sep 29

    Look Like You're Winning (Part Two)

    Look Like You're Winning (Part Two)
    By Dr. Ken Broda-Bahm: This is a political season for double standards, glass ceilings, and dancing backwards in high heels. Hillary Clinton, as the first female to be nominated for President by a major party, finds herself locked in a close…
  • Sep 26

    Know Your Cognitive Biase

    Know Your Cognitive Biase
    By Dr. Ken Broda-Bahm: There is a central fiction of our jury trial system, and voir dire in particular. That fiction is that bias is the exception, not the rule. When we treat bias as the aberration, affecting a relatively small handful in…
  • Sep 22

    Safely Handle the "Safety Rule" Question

    Safely Handle the "Safety Rule" Question
    By Dr. Ken Broda-Bahm: Don't you think that, when faced with a choice between a safer option and a riskier option, one should take the safer option? Well, on face that seems pretty reasonable. Who wouldn't want the safer option, after all?…
Rank this Week: 551

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
  • Sep 20

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom

    Appellate judge Alex Kozinski addresses the dangers of unsettled science in the courtroom
    Or, as the headline over Judge Kozinski’s opinion piece in today’s Wall Street Journal calls it, “voodoo science.” And what this justice on the Ninth Circuit Court of Appeals (a federal appellate court)…
  • Sep 16

    Will appeals lawyers be replaced by computers?

    Will appeals lawyers be replaced by computers?
    Technology has been displacing low-wage and less-skilled workers for a long time. Is it time for white collar professionals – including lawyers – to fear they are next? At  The American Interest blog: “Venture…
  • Sep 7

    Second District Court of Appeal to implement TrueFiling e-filing system in late 2016

    Second District Court of Appeal to implement TrueFiling e-filing system in late 2016
    According to a notice I received today from the California Appellate Project: The clerk of the 2nd District Court of Appeal has asked us to inform the panel that True Filing will be available in this district beginning in November.  For…
Rank this Week: 550

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: 574

TortDeform

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 570

Louisiana Law Blog

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/
  • Sep 29

    OIG Proposes to Expand the Authority of Medicaid Fraud Control Unit

    OIG Proposes to Expand the Authority of Medicaid Fraud Control Unit
    By Jennifer J. Thomas The Centers for Medicare and Medicaid Services, Office of the Inspector General (“OIG”) published a Proposed Rule in the September 20, 2016 Federal Register that would change the structure and expand the…
  • Sep 26

    Get Your Medications In Sync

    Get Your Medications In Sync
    By Jennifer J. Thomas The Louisiana Board of Pharmacy promulgated a Final Rule on September 20, 2016 giving Louisiana licensed pharmacists the authority to perform medication synchronization and refill consolidation services for their…
  • Sep 23

    Louisiana Department of Health Issues Emergency Rules Impacting Pediatric Day Health Care Facilitie

    Louisiana Department of Health Issues Emergency Rules Impacting Pediatric Day Health Care Facilitie
    By Jennifer J. Thomas The Louisiana Department of Health issued two Emergency Rules in the September 20, 2016 Louisiana Register amending licensing standards governing Pediatric Day Health Care Facilities in an effort to avoid a budget…
Rank this Week: 586

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Sep 28

    IL SCT Strikes Down 6-Person Civil Juries (Kakos v. Butler)

    IL SCT Strikes Down 6-Person Civil Juries (Kakos v. Butler)
    Last week the IL SCT, in Kakos v. Butler, struck down a recently enacted state law that allowed 6-person juries in civil cases.
  • Sep 21

    Real Life Jury Consultants Say Bull is Full of Bull (Podcast)

    Real Life Jury Consultants Say Bull is Full of Bull (Podcast)
    Podcast: Stepping in ‘Bull’: Another trial consultant & I discuss this ridiculous and harmful show. Click here for podcast, Stepping in ‘Bull’ CBS launched a new show from the apparently forgetful mind of Dr. Phil, that pretends…
  • Sep 20

    New Jury Consultant TV Show (Bull)

    New Jury Consultant TV Show (Bull)
    CBS has a new tv show entitled Bull which airs tonight at 9. Apparently, the show is based on the early career of Dr. Phil McGraw. Yes, the same Dr. Phil from Oprah. Here is the write up of the...
Rank this Week: 613

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Sep 27

    3 Cases, More than $100 Million in Verdict

    3 Cases, More than $100 Million in Verdict
    As we head towards the later part of 2016, it’s an appropriate time to take a look back... Read More The post 3 Cases, More than $100 Million in Verdicts appeared first on The Expert Institute.
  • Sep 27

    4 Common Themes in Emergency Nursing Malpractice Case

    4 Common Themes in Emergency Nursing Malpractice Case
    In addition to my roles as a pediatric emergency nurse and an instructor for a major school of... Read More The post 4 Common Themes in Emergency Nursing Malpractice Cases appeared first on The Expert Institute.
  • Sep 20

    5 Potential MDLs To Watch This September

    5 Potential MDLs To Watch This September
    This year, several companies that provide widely familiar goods and services including Uber, Chrysler, Roundup, Johnson & Johnson... Read More The post 5 Potential MDLs To Watch This September appeared first on The Expert Institute.
Rank this Week: 603

ClassActionBlawg.com

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com
Rank this Week: 641

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: 628

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
Rank this Week: 696

Trial Advocacy Blog

Trial Advocacy Blog

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

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

    Temple Law alum vies for vacant Montana Supreme Court seat

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

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

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

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 692

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Sep 29

    Man Impaled By Pole Allegedly Being Illegally Transpo

    Man Impaled By Pole Allegedly Being Illegally Transpo
    A 37-year-old Holland, Michigan man has died after a 44-foot pole crashed through the windshield of his 2005 Ford Explorer. The man was on his way to work at Holland Christian High School when the crash occurred. Investigators said that the…
  • Sep 27

    Knee Surgery Results In Wrongful Death Lawsuit

    Knee Surgery Results In Wrongful Death Lawsuit
    Medical malpractice is one of the leading causes of personal injury and wrongful death cases in the United States. While victims can seek compensation for their loss, the lengthy and intimidating legal process can be discouraging, especially…
  • Sep 26

    Lawsuit Financial: Where Auto Accident Victims Go For Financial Help

    Lawsuit Financial: Where Auto Accident Victims Go For Financial Help
    Suffering a personal injury from an auto accident is bad enough, but when the insurance company refuses to negotiate or settle your claim in good faith for the sole purpose of protecting its own profits, the impact to you can be devastating.…
Rank this Week: 871

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 834

The Law of Evidence

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com
  • Jul 20

    Relevance | Problem 1

    Relevance | Problem 1
    In our last blog, we saw some basic definitions of relevance. Relevant evidence is evidence that tends to prove or disprove a material fact in the case. For this problem, we revisit the relevance of “character” evidence. In…
  • Jul 16

    Introduction to Relevance

    Introduction to Relevance
    Black’s Law Definition:“Relevant” evidence logically connects to — and tends to prove or disprove — a matter at issue. It has appreciable probative value. That is, it rationally tends to persuade of the…
  • Jul 11

    Impeachment | Problem 33

    Impeachment | Problem 33
    P sues D for defamation. To prove that the defamatory statement was made, P calls W1 who testifies that he was in a group of P’s business colleagues when D told the group that P was a “con man.” During its case-in-chief, D…
Rank this Week: 773

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: 783