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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 23

    SCOTUSblog on camera: Laurence H. Tribe (Part two)

    SCOTUSblog on camera: Laurence H. Tribe (Part two)
    Two important cases — Richmond Newspapers, Inc. v. Virginia (public access to trials) and Larkin v. Grendel’s Den, Inc. (the First Amendment Establishment Clause and a church’s power to control a…
  • Oct 23

    Thursday round-up

    Thursday round-up
    As Lyle reported for this blog yesterday, the Court released a revised version of Justice Ruth Bader Ginsburg’s dissent from the Court’s order allowing Texas to implement its voter identification law.  In the new…
  • Oct 22

    Petition of the day

    Petition of the day
    The petition of the day is: Hoyle v. United States 14-165 Issue: Whether, when the Federal Sentencing Guidelines calculate a person’s offense level based on prior convictions that are expressly excluded under the relevant…
Rank this Week: 11

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
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 17

    Technology: Progress and Potential

    Technology: Progress and Potential
    An article I wrote for Alliance for Peacebuilding’s Building Peace magazine is now up on the web. In it, I look at both the significant progress around technologies to share vital information before and during a conflict or disaster,…
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
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/
  • Oct 18

    Top 10 Reasons to Use Visual Classification

    Top 10 Reasons to Use Visual Classification
    By Joe HowieWe are asked on a regular basis why organizations should use visual classification to manage their electronic and paper repositories for various information governance initiatives. Here’s a summary of how we respond:…
  • Oct 17

    Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

    Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)
    The Cartoon and Clip of the Week for October 17, 2014Daily we read, see and hear more and more about technology developments that impact the areas of information governance and electronic discovery. This week’s cartoon and clip…
  • Oct 16

    Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

    Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1
    By John TredennickA critical metric in Technology Assisted Review (TAR) is recall, which is the percentage of relevant documents actually found from the collection. One of the most compelling reasons for using TAR is the promise that a review…
Rank this Week: 32

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
  • Oct 22

    On Unilateral Choice-of-Court Agreements and Options to Arbitrate (article)

    On Unilateral Choice-of-Court Agreements and Options to Arbitrate (article)
    A topic we were discussing just a few days ago at the MPI, with especial attention to a Spanish decision. Now it’s Italian time. The article, by S. Ferrero, is to be found here. Abstract: In this work it is discussed the validity and…
  • Oct 22

    Save the Date: ILA 2016 Biennial Conference

    Save the Date: ILA 2016 Biennial Conference
    The 77th Biennial Conference of the International Law Association will take place from 7 to 11 August 2016 in Johannesburg, South Africa. This year’s theme will be ‘International Law and State Practice: Is there a North/South…
  • Oct 21

    OGEL & TDM Call for Papers: Special Issue on Renewable Energy Dispute

    OGEL & TDM Call for Papers: Special Issue on Renewable Energy Dispute
    Oil, Gas, and Energy Law Journal and Transnational Dispute Management invite submissions for a joint Special Issue on Renewable Energy Disputes. Renewable energy production is nothing new: windmills have been used to produce wind-based energy…
Rank this Week: 39

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 23

    "The legal inquiry into Justice Lori Douglas must end"

    "The legal inquiry into Justice Lori Douglas must end"
    "The legal inquiry into Justice Lori Douglas must end": Online at The Toronto Globe and Mail, Kyle Kirkup has an essay that begins, "Associate Chief Justice Lori Douglas -- a judge from Manitoba whose former husband allegedly posted private,…
  • Oct 23

    "Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe's Remains"

    "Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe's Remains"
    "Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe's Remains": At the "Turtle Talk" blog, Matthew L.M. Fletcher has this post about a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
  • Oct 23

    "SCOTUSblog on camera: Laurence H. Tribe (Part two)."

    "SCOTUSblog on camera: Laurence H. Tribe (Part two)."
    "SCOTUSblog on camera: Laurence H. Tribe (Part two)." "SCOTUSblog" has this post today.
Rank this Week: 41

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
  • Oct 23

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

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

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

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
  • Oct 21

    Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction

    Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction
    Woods v. CVS Pharmacy, Inc., 2014 WL 360185 (C.D. Cal. Jan. 30, 2014). A District Court in California remanded an action for failure to establish the amount in controversy holding that a defendant seeking removal of a putative class action…
Rank this Week: 73

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 93

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Oct 23

    Mayo v. Cockerill: More Bad Optic

    Mayo v. Cockerill: More Bad Optic
    Credit the Rochester Post-Bulletin reporter Jeff Kiger for this story from Olmstead County (and thanks ELG for cluing me in!). Dr. Franklin Cockerill got all choked up and teary about leaving Mayo Collaborative Services…
  • Oct 23

    A New Front Opens for the Embattled Superior Edge of Mankato…

    A New Front Opens for the Embattled Superior Edge of Mankato…
    Previously on Minnesota Litigator, we have covered the battle between Superior Edge, Inc. (“SEI”) and Monsanto (here, linked, is SEI’s complaint and U.S. District Court Judge John R. Tunheim’s (D. Minn.) denial in…
  • Oct 22

    Kate Mackinnon, ERISAdvocate, Wins on Minnesota Supreme Court Review of Larson

    Kate Mackinnon, ERISAdvocate, Wins on Minnesota Supreme Court Review of Larson
    Update (October 22, 2014):  Congratulations to Katherine Mackinnon on the (partial) win! “I am so excited right now, I could launch into the stratosphere,” Mackinnon tells me. This is a big win for Mackinnon, her client, and…
Rank this Week: 109

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Oct 22

    Income Annuities Are Supported by Jane Bryant Quinn

    Income Annuities Are Supported by Jane Bryant Quinn
    Nationally known personal finance expert Jane Bryant Quinn strongly supports income annuities as a protection against the risk of outliving one's savings This is a content summary only. Please click on the title for the full content which…
  • Oct 21

    Touchdown Notre Dame For Master's Structured Settlement Certification (MSSC)

    Touchdown Notre Dame For Master's Structured Settlement Certification (MSSC)
    The Master's Structured Settlement Consultant (MSSC) is an advanced credential earned by qualified structured settlement consultants and settlement planners from NSSTA and the Stayer Center for... This is a content summary only. Please click…
  • Oct 13

    German's "Blitzkrieg Flop" for DRB Capital by "The RaMoans".

    German's "Blitzkrieg Flop" for DRB Capital by "The RaMoans".
    Cash now pushers like DRB Capital do themselves, consumers and the industry no favors by putting out material that is so way off base. This is a content summary only. Please click on the title for the full content which includes a library of…
Rank this Week: 128

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Oct 20

    When Writing, An Ounce Of Empathy Is Worth A Pound Of Grammar

    When Writing, An Ounce Of Empathy Is Worth A Pound Of Grammar
    A lawyer has two jobs. First, the lawyer thinks about how the law might work, good or bad, in their client’s situation, and then tells their client. Second, the lawyer brings others around to ideas about the law that are good for their…
  • Oct 2

    Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think

    Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think
    © Max Kennerly. The original for this post is Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think at Litigation & Trial Lawyer Blog.Back in June, I wrote a short post on the fatal accident involving a…
  • Sep 8

    To Practice Law Is To Be Afraid

    To Practice Law Is To Be Afraid
    © Max Kennerly. The original for this post is To Practice Law Is To Be Afraid at Litigation & Trial Lawyer Blog.When it comes to lawyer “war stories,” I agree with Philip Thomas: “The only stories about a lawyer…
Rank this Week: 148

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: 166

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/
  • Oct 21

    Forfeiture v. Sound Analysi

    Forfeiture v. Sound Analysi
    Here's footnote 5 of an opinion published here, issued after a rehearing petition in an anti-SLAPP appeal:This issue of first impression was first raised in defendants’ petition for rehearing. Ordinarily we might treat it as…
  • Oct 20

    Appellate Panel Must Have 3 Judge

    Appellate Panel Must Have 3 Judge
    Today's MetNews reports on Johnson v. Appellate Division in Court of Appeal Rejects Use of Two-Judge Appellate Panel in Superior Court. Code of Civil Procedure 77(b) provides that in each superior court appellate division, "no more than…
  • Oct 14

    2d DCA pro tem update

    2d DCA pro tem update
    Assigned JudgesThe following are currently sitting on assignment:Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until November 30, 2014 Judge Lee Edmon of the Los Angeles Superior Court, will…
Rank this Week: 174

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: 202

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: 198

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Oct 21

    Trivial Defect Doctrine Applied in Lycoming County Trip and Fall Case to Deny MSJ

    Trivial Defect Doctrine Applied in Lycoming County Trip and Fall Case to Deny MSJ
    In the case of Walker v. Community Action Realty, Inc., No. 13-00,418 (C.P. Lycoming Co. Oct. 13, 2014 Gray, J.), Judge Richard A. Gray of the Lycoming County Court of Common Pleas recently denied a Defendant’s Motion for Summary…
  • Oct 20

    CLE: Personal Injury Practicum in Philadelphia (November 6, 2014)

    CLE: Personal Injury Practicum in Philadelphia (November 6, 2014)
    As requested, I am posting the below ad for the Personal Injury Practicum set to take place on Thursday, November 6, 2014 in Philadelphia, PA. (I am not participating, just posting as a favor as requested).  If you have difficulty…
  • Oct 20

    Speaking at PBI Auto Law Update CLE Seminar on 10/31/14 in Mechanicsburg, PA

    Speaking at PBI Auto Law Update CLE Seminar on 10/31/14 in Mechanicsburg, PA
    I will be presenting on the topic of "The Latest in Bad Faith" at the PBI's 21st Annual Auto Law Update CLE Seminar set to take place on October 21, 2014.  The program begins at noon.If interested in registering to attend the live…
Rank this Week: 206

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/
  • Oct 6

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset

    Divorce & Hidden Money: Helga Glock’s Search For Gaston Glock’s Asset
    This is the ninth post in the “Divorce & Hidden Money” series.  By failing to disclose any offshore assets, one divorcing spouse may cheat the other out of child support, alimony or other court awards.  A spouse…
  • Aug 21

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
  • Jul 22

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit

    Recovering Illicit Assets Via Switzerland’s Mutual Legal Assistance Unit
    Mr. Pascal Gossin is the head of Switzerland’s Mutual Legal Assistance Unit, (hereinafter “the Unit”), which is part of the Federal Office of Justice.  Mr. Gossin was a fellow speaker at the Carmelite Chambers…
Rank this Week: 205

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Oct 22

    $4.5 Million Verdict in Hinds County Product Liability Case

    $4.5 Million Verdict in Hinds County Product Liability Case
    A few weeks ago a Hinds County jury rendered a verdict of $4,568,116 in Walls v. Williams-Pyro, Inc. The trial involved a fire suppression device that attached underneath stove vent hoods. The device activates when flames from a stove top…
  • Oct 20

    $2.5 Million Verdict in Asbestos Drilling Mud Case, But only 10% Fault to Defendant

    $2.5 Million Verdict in Asbestos Drilling Mud Case, But only 10% Fault to Defendant
    It’s pretty borderline whether I have enough information to post about this verdict, but what the heck. There was an asbestos drilling mud trial over the last couple of weeks before Circuit Judge Lamar Pickard in Jefferson County. The…
  • Oct 15

    October Miss. Jury Verdict Reporter Preview

    October Miss. Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the September issue of the Mississippi Jury Verdict Reporter: $500,000 verdict- Hinds County slip-and-fall case discussed here (9/10/14); $200,000 verdict (but plaintiff 50% fault)-…
Rank this Week: 232

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: 231

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Oct 22

    Security Guards Guilty in Iraq Shootout

    Security Guards Guilty in Iraq Shootout
    Just recently, a federal jury found four ex-Blackwater USA security guards to be liable for 14 Iraqis deaths in Baghdad several years back. The guilty verdict is testing the capability of the U.S. courts to make military companies accountable…
  • Oct 22

    Actor Files Suit over Mob Character in The Simpson

    Actor Files Suit over Mob Character in The Simpson
    Fox has recently been slapped with a $250 million suit regarding a mob character from the famous cartoon show, “The Simpsons.” It’s been reported that Frank Sivero, who took on an acting role in the movie hit “Goodfellas,” is saying…
  • Oct 20

    Uber Tech Challenges Court Ruling

    Uber Tech Challenges Court Ruling
    Uber Technologies Inc. is fighting a court ruling in France in what seems to be one of the quickest growing services in France, intensifying a legal battle despite the firm’s broad clashes within Europe. A criminal court in Paris ruled last…
Rank this Week: 259

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Oct 22

    Prosecution History Requires Certain Method Steps be Performed in Order

    Prosecution History Requires Certain Method Steps be Performed in Order
    VendoNet, Inc. v. Redbox Automated Retail, LLC, No. 13 C 3475, Slip Op. (N.D. Ill. Sep. 15, 2014) (Shah, J.). Judge Shah construed the claims in this patent dispute retarding methods of giving vending machine customers access to a computer…
  • Oct 20

    Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion

    Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion
    Beasley v. John Wiley & Sons, Inc., No. 12 C 8715, Slip Op. (N.D. Ill. Sep. 9, 2014) (St. Eve, J.). Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley &…
  • Oct 17

    Patent Exhaustion Applies Despite License Restriction

    Patent Exhaustion Applies Despite License Restriction
    Cascades Computer Innovation, LLC v. Samsung Elecs. Co., Nos. 11 C 4574 & 11 C 6235, Slip Op. (N.D. Ill. Sep. 14, 2014) (Kennelly, J.). Judge Kennelly granted in part defendants Samsung’s and HTC’s motions for summary judgment…
Rank this Week: 261

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/
  • Oct 16

    Cases on Tap for Tomorrow’s SCOTUS Conference: Are Cert Grants Coming on Pleading and Personal Jurisdiction?

    Cases on Tap for Tomorrow’s SCOTUS Conference: Are Cert Grants Coming on Pleading and Personal Jurisdiction?
    A couple of cases on the calendar for tomorrow's Supreme Court conference are worth a quick mention. Both appear on SCOTUSblog’s "relist" list. (That they had already been calendared for previous conferences and avoided a quick…
  • Oct 15

    Epstein on Black & Spriggs on the Depreciation of U.S. Supreme Court Precedent

    Epstein on Black & Spriggs on the Depreciation of U.S. Supreme Court Precedent
    Over on the Courts Law section of JOTWELL is an essay by Lee Epstein entitled The Depreciation of Precedent. It reviews an article by Ryan Black and James Spriggs that was recently published in the Journal of Empirical Legal Studies.
  • Oct 14

    The Advisory Committee's Gargantuan New Agenda

    The Advisory Committee's Gargantuan New Agenda
    Far from resting on its laurels after pushing through the latest round of defense-oriented amendments to the FRCP, the Advisory Committee on Civil Rules continues its assault. This time, among many other things, it's tackling class actions…
Rank this Week: 300

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: 314

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Oct 23

    Reasoning Required in Tennessee Trial Court's Summary Judgment Order

    Reasoning Required in Tennessee Trial Court's Summary Judgment Order
                 In Potter’s Shopping Center, Inc. v. Szekely, No. M2014-00588-COA-R3-CV (Tenn. Ct. App. Oct. 8, 2014), the Court of Appeals relied on the recent Tennessee Supreme Court decision of Smith…
  • Oct 21

    Orders on Motions for Summary Judgment - Rubber-Stamping Not Allowed

    Orders on Motions for Summary Judgment - Rubber-Stamping Not Allowed
                This summer the Tennessee Supreme Court offered guidance on what a trial court must do when granting or denying a motion for summary judgment under Tenn. R. Civ. P. 56.04. Despite…
  • Oct 20

    Strip Club Murderer Loses Appeal

    Strip Club Murderer Loses Appeal
    The case of Jernigan v. Hunter, No. M2013-01860-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2014) begins in January 2006, when John Jernigan was stabbed and beaten to death by two men, a father and son, inside a Nashville strip club. Father pleaded…
Rank this Week: 327

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/
  • Oct 22

    Tort Liability as Compensation

    Tort Liability as Compensation
    Mark Gesitfeld, Compensation as a Tort Norm, in Philosophical Foundations of the Law of Torts (John Oberdiek ed., 2014).Gregory KeatingFor more than a decade, Mark Geistfeld has been developing an original and sophisticated theory of…
  • Oct 21

    Evaluating the Efficacy of Nonmonetary Tax Penaltie

    Evaluating the Efficacy of Nonmonetary Tax Penaltie
    Joshua D. Blank, Collateral Compliance, 162 U. Pa. L. Rev. 719 (2014).Kristin HickmanMonetary penalties for noncompliance are a routine feature of the tax laws. The tax literature includes extensive debate over different ways of structuring…
  • Oct 20

    Green Go! – The Military’s Sustainability Mission

    Green Go! – The Military’s Sustainability Mission
    ­­Sarah E. Light, The Military-Environmental Complex, 55 B.C. L. Rev. 879 (2014).Felix Mormann“Green Go!” The U.S. battle cry in the Mexican-American War that, according to some etymologists, earned Americans their…
Rank this Week: 325

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: 368

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
Rank this Week: 390

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: 382

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: 454

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/
  • Oct 16

    S2P2J Release 56

    S2P2J Release 56
    Publisher Law Journal Press will be distributing hard copy supplements for Release 56 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) later this month with online S2P2J subscribers receiving their update automatically and…
  • Oct 1

    ASNP Settlement Planning Webinar Series - 1

    ASNP Settlement Planning Webinar Series - 1
    The Academy of Special Needs Planners' (ASNP) 12-part "Settlement Planning" webinar series , which begins today, offers an important educational opportunity to learn more about this evolving profession. Evaluated in advance, based upon its…
  • Sep 29

    Fall 2014 Educational Resource

    Fall 2014 Educational Resource
    During this transitional era for both settlement planning and the primary and secondary structured settlement markets, participating professionals are fortunate to have multiple educational opportunities this Fall to update and expand their…
Rank this Week: 491

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
Rank this Week: 482

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Oct 21

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay
    In her special report EXPERT PAY DISCUSSION, Rosalie Hamilton, the leading authority on expert witness marketing and founder of Expert Communications, writes: You May Enjoy Your Work, But Don't Work for the Fun of It — Make Sure You…
  • Oct 12

    Medical Malpractice Expert Witness On Legal Medical Causation Part 1

    Medical Malpractice Expert Witness On Legal Medical Causation Part 1
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes:Proving or disproving Legal Medical Causation is based on testimony by expert witnesses regarding the…
  • Oct 9

    Economic Damages Expert Witness On Future Earnings Part 1

    Economic Damages Expert Witness On Future Earnings Part 1
    In Personal Injury Litigation - the Difference Between Future Earnings and Future Earning Capacity, economic damages expert witness Ronald T. Luke, JD, PhD and Mary L. Hoane, CPA/CFF, MBA write:This paper discusses one of many issues that…
Rank this Week: 497

Delaware Business Litigation…

Delaware Business Litigation Report

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

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

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

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

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Oct 22

    Morris James Leads Delaware Today “Top Lawyers” Edition with 25 Recognition

    Morris James Leads Delaware Today “Top Lawyers” Edition with 25 Recognition
    Morris James LLP is pleased to congratulate the lawyers listed below, who were most recommended by their professional peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Morris James received more…
Rank this Week: 521

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Oct 22

    Changing American Attitudes: Gay/Lesbian Issue

    Changing American Attitudes: Gay/Lesbian Issue
    Recently, Governor Jerry Brown of California signed AB2501 banning the “gay panic” defense in California. The story in the Visalia Times-Delta says, Californians cannot claim in court that they were “acting from panic or…
  • Oct 20

    Morality in everyday life for the religious and the nonreligiou

    Morality in everyday life for the religious and the nonreligiou
    The researchers recruited a sample of 1,252 adults ranging in age from 18 to 68 years of age who reside in the US and Canada. Each participant completed measures of religiosity and political ideation prior to participation in the actual…
  • Oct 17

    The “life cycle effect”: To raise your income, do not become a mother! 

    The “life cycle effect”: To raise your income, do not become a mother! 
    Or if you already are a mother, do not have any more children. On the other hand, if you are a man, have as many children as you would like. And preferably with a woman who doesn’t mind taking a dramatic payroll hit at work. With…
Rank this Week: 526

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/
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

    Conflicts Among Wash. Court of Appeals Division
    Unlike the federal circuits, the Washington Court of Appeals is a "unitary system"—one court that sits in three divisions, not three separate courts. But sometimes panels from two divisions disagree with each other, so there can be…
  • Jun 20

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
  • May 21

    Perceptions of Justice—Olympia, June 9

    Perceptions of Justice—Olympia, June 9
    The Washington State Minority and Justice Commission presents a half-day program, Perceptions of Justice, reviewing a report on Washingtonians' perceptions of how they are treated by the police and the courts.June 9, 2014, 8:45 a.m.-noonOB2…
Rank this Week: 540

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
Rank this Week: 606

Northern District of California…

Northern District of California Blog

Covers court orders in primarily civil cases from the U.S. District Court for the Northern District of California. By Michael O'Brien.

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

    Question 5 - The Angry Decedent Strikes Again Will
    This question I would rate as a fastball.  There are a lot of issues to fly through, but they are the same issues tested in virtually every Wills question since 1980.  If you studied the California Probate Code (CPC) you probably did fine.…
  • Oct 7

    Question 3: Can I get a witness? (California Evidence) California Bar Exam

    Question 3: Can I get a witness? (California Evidence) California Bar Exam
    This is the first of three criminal questions on this test, the most in recent memory since criminal subjects are rarely tested compared to torts and constitutional law.  This question is probably to calibrate the testing group…
  • Oct 7

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 603

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 630

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: 627

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Oct 23

    Juror Misconduct in New Hampshire

    Juror Misconduct in New Hampshire
    Juror Internet Misconduct: A Survey of New Hampshire Superior Court Judges BROOKE LOVETT SHILO This Note examines the prevalence of Internet-related juror misconduct in the New Hampshire Superior Court and the efforts of Superior Court judges…
  • Oct 22

    Juror Dismissed Because of Facebook Friends List

    Juror Dismissed Because of Facebook Friends List
    At least one media outlet in Cleveland is reporting that a paralegal has been dimissed from a murder case because of her Facebook Friends List which included the county prosecutor and other high level officials in the prosecutor's office.…
  • Oct 21

    Jury Issues Continue to Plague Goodman Trial

    Jury Issues Continue to Plague Goodman Trial
    The latest mishap involved a sequestered juror who brought a laptop into his hotel room. The juror claims that he only checked sports scores; however, the judge seemed somewhat dubious of that explanation. Regardless of why the juror accessed…
Rank this Week: 663

Jeff Vail

Jeff Vail

Covers litigation checklists, litigation knowledge management, strategy, and the future of litigation.

http://www.jeffvail.net/
  • Feb 6

    Colorado Litigation Report

    Colorado Litigation Report
    Take a look at the Colorado Litigation Report, a site with very useful, short summaries of Colorado appellate opinions (best of all, published on a very regular basis, unlike this blog of late...  but soon to change).
  • Jul 19

    The Oil Drum

    The Oil Drum
    Sadly, one of my favorite websites (and a website where I was previously a contributing author), www.theoildrum.com, is shutting down (actually converting to an archive, there will just be no new content).  There are a variety of reasons…
  • Dec 27

    Preserving ESI on Twitter

    Preserving ESI on Twitter
    Once litigation is “reasonably anticipated,” parties have an obligation to preserve all potentially relevant material.  That obligation extends to information reasonably under a party’s control, even if it is not…
Rank this Week: 661

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: 673

Class Action Defense Blog

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/
Rank this Week: 716

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

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

    A Call for More Consumer Protection Against Factoring

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

    Inside Next Step Bionics & Prosthetic

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

    Litigation Surrounding Driver Fatigue

    Litigation Surrounding Driver Fatigue
    According to the National Highway Traffic Safety Administration, truck driver fatigue is a contributing factor in as many as 30-40% of all crashes involving heavy trucks. Join Ringler Radio host, Larry Cohen, co-host,  John Muir, Esq.…
Rank this Week: 772

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
Rank this Week: 749

Greedy Trial Lawyer

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/
  • Sep 22

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  • Oct 3

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been

    Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been
    There have been more than a few voices expressing, in various ways, discomfort, surprise or puzzlement over the tone and substance of the Clarence Thomas media blitz publicizing the Justice's newly published book. A good example: Is…
  • Oct 2

    Now Isiah Thomas Is In A Hostile Environment

    Now Isiah Thomas Is In A Hostile Environment
    Some years ago I had the delightful experience of a jury note after 2 days of deliberation which asked the judge, "Do we fill out the amount of the damages if we agree the doctor was at fault?" Obviously, the doctor and his defense attorney…
Rank this Week: 921