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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 22

    This week at the Court

    This week at the Court
    On Tuesday the Justices will meet for their November 25 Conference. Our list of “Petitions to watch” for that Conference is here.
  • Nov 22

    January arguments, day by day

    January arguments, day by day
    The Supreme Court on Friday released the schedule of oral arguments for the session beginning January 12.  Arguments begin at 10 a.m. each day; each argument will be for one hour.  There will be no afternoon arguments. The daily…
  • Nov 22

    Oklahoma seeks faster health care appeal (UPDATED)

    Oklahoma seeks faster health care appeal (UPDATED)
    UPDATED 11:21 a.m.   The Oklahoma petition for review before the appeals court rules is here.  The state noted it is willing to have its case, if granted, put on the same briefing schedule as King v. Burwell, and asks for a…
Rank this Week: 13

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 33

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
  • Nov 5

    UAVs and peacebuilding: Some thought

    UAVs and peacebuilding: Some thought
    My work with UAVs is largely conceptual, framed by growing up in a context of war, deeply informed by having to deal with the enduring legacy of violent conflict even post-war and anchored to the inalienable yet often callously erased rights…
  • 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,…
Rank this Week: 39

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
Rank this Week: 43

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/
  • Nov 18

    Rolling Intelligence: Enterprise-Level Paying It Forward

    Rolling Intelligence: Enterprise-Level Paying It Forward
    By John MartinRolling intelligence is the enterprise-level equivalent of pay it forward. Effort invested in one business unit, functional area, or type of document storage to visually classify documents benefits the other units, areas,…
  • Nov 17

    Visualizing Data in a Predictive Coding Project – Part Two

    Visualizing Data in a Predictive Coding Project – Part Two
    By Ralph LoseyThis is part two of my presentation of an idea for visualization of data in a predictive coding project.Please read part one first.As most of you already know, the ranking of all documents according to their probable…
  • Nov 16

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review

    TAR in the Courts: A Compendium of Case Law about Technology Assisted Review
    By Bob AmbrogiMagistrate Judge Andrew Peck It is less than three years since the first court decision approving the use of technology assisted review in e-discovery. “Counsel no longer have to worry about being the ‘first’…
Rank this Week: 44

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

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

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

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

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

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

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

    Defendants Must Demonstrate Factual Basis for Amount-in-Controversy Claim
    Sanchez v. Res-Care, Inc., 2014 WL 807997 (C.D. Cal. Feb. 28, 2014). In this action, the District Court remanded the case to the state court finding that the defendant failed to show by preponderance of evidence that the amount-in-controversy…
Rank this Week: 64

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: 97

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: 106

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/
  • Nov 21

    EPS Settlements Class Action over ELNY | Hearing Re Motion To Dismi

    EPS Settlements Class Action over ELNY | Hearing Re Motion To Dismi
    In this and a similar lawsuit now pending in Oregon against Ringler Associates, Plaintiffs seek to work around the statute of limitations by alleging, in part, that ELNY annuity contracts were placed... This is a content summary only. Please…
  • Nov 17

    4structures.com 10 Years Accredited Business A+ rated Connecticut BBB

    4structures.com 10 Years Accredited Business A+ rated Connecticut BBB
    4structures.com was recently awarded a plaque by the Connecticut Better Business Bureau for being an Accredited Business for over 10 years, in which 4structures consistently earned an A+ rating. This is a content summary only. Please click on…
  • Nov 14

    Einstein Structured Settlements' Richart Ruddie Weighs in Big On ELNY

    Einstein Structured Settlements' Richart Ruddie Weighs in Big On ELNY
    Richart Ruddie, one of the folks originally behind Einstein Structured Settlements is apparently behind commenrtary about the letter to the editor written by Suzanne Dunn Bradford of DeSoto Texas... This is a content summary only. Please…
Rank this Week: 127

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 126

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/
  • Nov 20

    Dec. 2 -- You gonna go Federal or State?

    Dec. 2 -- You gonna go Federal or State?
    Ok, SoCal Appellate Fanatics, what are you gonna do the evening of December 2?FBA-LA is throwing a Tribute to Chief Judge Kozinski at the Chambers Courthouse in Pasadena. Flyer here.But the Italian American Lawyers Association's Supreme Court…
  • Nov 20

    iPads at the Lectern!

    iPads at the Lectern!
    Effective November 1, 2014 the Fourth District  implemented the following electronic devices policy (which the 5th District has had all this year):Uniform Policy on Public Use of Electronic Devices in Court of Appeal Court RoomsLaptop…
  • Nov 20

    5th DCA to follow the 1st in using TrueFiling

    5th DCA to follow the 1st in using TrueFiling
     Starting in 2015, all attorneys submitting documents for filing in any appeal or original proceeding with the 5th DCA must file electronically through an electronic filing system, known as TrueFiling, developed in partnership with the…
Rank this Week: 161

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

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

    Settlement in First Does Not Bar Discovery in a Second Related Suit

    Settlement in First Does Not Bar Discovery in a Second Related Suit
    Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.).  Judge Durkin granted in plaintiff Fasteners for Retail’s (“FFR”) motion to enforce the parties’ settlement…
  • Nov 19

    Trademark Fraud Claims Cannot be Dismissed Before Discovery

    Trademark Fraud Claims Cannot be Dismissed Before Discovery
    Slep-Tone Enter. Corp. v. Teddy O’Brian’s, Inc., No. 14 C 3570, Slip Op. (N.D. Ill. Sep. 24, 2014) (Guzman, J.). Judge Guzman granted in part plaintiff Slep-Tone’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s…
  • Nov 17

    Court Construes Key Term But Declines to Construe Any Other

    Court Construes Key Term But Declines to Construe Any Other
    Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Sep. 18, 2014) (Hart, Sen. J.). Judge Hart construed the claims of plaintiff’s patent to methods for screening equipment operators for…
Rank this Week: 170

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
  • Nov 11

    Comcast, Kozinski, and The Decline Of Class Action

    Comcast, Kozinski, and The Decline Of Class Action
    Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge…
  • Oct 29

    Studies Again Show Dangerous Doctors Bigger Problem Than Defensive Medicine

    Studies Again Show Dangerous Doctors Bigger Problem Than Defensive Medicine
    If I told you that, every week, between 4,200 and 8,400 people were poisoned by contaminated food, would you say restaurants needed special protection from negligence lawsuits because fear of such lawsuits would force them to clean too much?…
Rank this Week: 172

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 30

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
  • 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…
Rank this Week: 225

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Nov 19

    Court Torpedos 911-Related Negligence Claim

    Court Torpedos 911-Related Negligence Claim
    Under the Governmental Tort Liability Act (“GTLA”), governmental entities are immune from lawsuits that arise from the “exercise and discharge” of their functions. There are a very few, specific exceptions to the…
  • Nov 10

    Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claim

    Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claim
                  Not all claims brought against health care providers fall under the Tennessee Health Care Liability Act (THCLA), and a recent case from the Tennessee Court of Appeals gives crucial…
  • Nov 7

    Offer of Judgment Cannot Be Revoked During 10-Day Window

    Offer of Judgment Cannot Be Revoked During 10-Day Window
    The Tennessee Court of Appeals recently took up a civil procedure issue of first impression in the state. In McGinnis v. Cox, No. M2014-00102-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2014), the issue presented was“[w]hether a Rule 68 offer of…
Rank this Week: 242

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: 244

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: 246

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: 250

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/
  • Nov 20

    Views Of U.S. Workplace Class Actions From Europe

    Views Of U.S. Workplace Class Actions From Europe
    By Gerald L. Maatman, Jr. I had the privilege today of presenting on the topic of “The Risks U.S. Workplace Class Actions Pose For Businesses” to a group of European corporate counsel and business executives at the Swiss Re Centre…
  • Nov 18

    EEOC’s 2014 Performance And Accountability Report Reflects Continued Efforts To Pursue High Priority, Systemic Litigation

    EEOC’s 2014 Performance And Accountability Report Reflects Continued Efforts To Pursue High Priority, Systemic Litigation
    By Gerald L. Maatman, Jr. and Jennifer A. Riley On November 18, 2014, the EEOC released its 2014 Performance and Accountability Report (“PAR”).  The Report is an annual scorecard of sorts for the EEOC. It reflects the…
  • Nov 14

    Senators Grill EEOC General Counsel Lopez In Confirmation Hearing

    Senators Grill EEOC General Counsel Lopez In Confirmation Hearing
    By Paul Kehoe and Gerald L. Maatman, Jr. Yesterday, the U.S. Senate Health, Education, Labor and Pensions (“HELP”) Committee held a confirmation for Charlotte Burrows as a new EEOC Commissioner for a five year term and David Lopez…
Rank this Week: 291

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: 289

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Nov 19

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High
    Steve Wilson at Mississippi Watchdog recently wrote here about how Mississippi’s pension system ranks nationally. From the article: A new report by nonprofit State Budget Solutions says Mississippi’s Public Employees’…
  • Nov 17

    November Mississippi Jury Verdict Reporter Preview

    November Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the November issue of the Mississippi Jury Verdict Reporter: $4,568,116 verdict- Hinds County products liability case discussed here (10/7/14); $484,481 verdict- Harrison County medical…
  • Nov 11

    U.S. Supreme Court Reverses 5th Circuit in a Jim Waide §1983 Action

    U.S. Supreme Court Reverses 5th Circuit in a Jim Waide §1983 Action
    On Monday the U.S. Supreme Court reversed a 5th Circuit decision that affirmed the District Court’s grant of summary judgment in Johnson v. City of Shelby. Here is the Court’s per curiam Opinion. The plaintiffs worked as police…
Rank this Week: 301

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Nov 23

    PTSD Expert Witness Testifies On Clinical Criteria

    PTSD Expert Witness Testifies On Clinical Criteria
    Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her…
  • Nov 17

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the "chiropractic expert will be challenged by the opposing party during deposition and/or trial…
  • Nov 15

    Automotive Expert Witnesses & Hyundai, Kia Settlement

    Automotive Expert Witnesses & Hyundai, Kia Settlement
    Automotive expert witnesses may opine on automotive design, automotive technology, fuel economy and related aspects of the automotive industry. In the news, automakers Hyundai and Kia have agreed to pay a $100 million civil penalty to resolve…
Rank this Week: 339

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: 347

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 378

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/
  • Nov 17

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?

    Some thoughts on Johnson v. City of Shelby: Does it help make sense of Twombly & Iqbal?
    We covered earlier the Supreme Court’s per curiam decision in Johnson v. City of Shelby summarily reversing the Fifth Circuit. It’s a short opinion—just two and a half pages—but it has some important things to say about pleading…
  • Nov 15

    Reaction to SCOTUS Decision in Johnson v. City of Shelby

    Reaction to SCOTUS Decision in Johnson v. City of Shelby
    On Monday we covered Johnson v. City of Shelby, a per curiam Supreme Court decision on pleading that summarily reversed the Fifth Circuit. Here’s some of the coverage of that decision from this past week: City of Shelby: New SCOTUS...
  • Nov 14

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent

    Pfander on Bruhl on the Supreme Court and Lower-Court Precedent
    Now available on the Courts Law section of JOTWELL is an essay by Jim Pfander entitled How Lower-Court Precedent Affects Supreme Court Precedent. Jim reviews Aaron Bruhl’s recent article, Following Lower-Court Precedent, 81 U. Chi. L. Rev.…
Rank this Week: 398

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • 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…
Rank this Week: 410

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/
  • Nov 21

    When is Sexual Abuse Within the Scope of Employment?

    When is Sexual Abuse Within the Scope of Employment?
    Martha Chamallas, Vicarious Liability in Torts: The Sex Exception, 48 Val. U. L. Rev. 133 (2013), available at SSRN.John GoldbergMartha Chamallas’s Monsanto Lecture, Vicarious Liability in Torts: The Sex Exception, is timely…
  • Nov 19

    Keeping Us Honest about the Timing Flaws in the Income Tax

    Keeping Us Honest about the Timing Flaws in the Income Tax
    Daniel I. Halperin & Alvin C. Warren Jr., Understanding Income Tax Deferral, Tax L. Rev. (forthcoming), available at SSRN.Charlotte CraneWe all do it once in a while. In the haste of trying to make a point in class, or in a hurried…
  • Nov 18

    There’s No Time Like the Present for Some Optimism about the Future

    There’s No Time Like the Present for Some Optimism about the Future
    Benjamin H. Barton, Glass Half Full: The Decline and Rebirth of the Legal Profession (forthcoming 2015).Amy Salyzyn“When did the future switch from being a promise to a threat?”     -Chuck Palahniuk, Invisible…
Rank this Week: 456

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: 463

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: 458

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/
  • Nov 3

    Bryan Stevenson's Memoir, Just Mercy

    Bryan Stevenson's Memoir, Just Mercy
    Bryan Stevenson, executive director of the Equal Justice Initiative in Montgomery, AL, and a professor at NYU Law, has written a memoir about his work: Just Mercy: A Story of Justice and Redemption.A very warm review, by Seattle lawyer Kevin…
  • Oct 23

    Videos of U.S. Supreme Court Arguments—at Last!

    Videos of U.S. Supreme Court Arguments—at Last!
    On the HBO program Last Week Tonight, John Oliver observed that without video Supreme Court oral arguments are pretty dry, even with courtroom sketches as backdrops. So he proposed that the audio be livened up with video. What video? Dogs!…
  • 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…
Rank this Week: 487

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Nov 17

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

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

    Twombly's Remorse?

    Twombly's Remorse?
    Has the United States Supreme Court backed away from its landmark toughening of the test for pleading a claim in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? The signs point to yes. Sort of. Twombly's record Counting today's...
  • Oct 26

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold

    Use of Phony Benchmark Rate Supports Bad Faith Claim, Second Circuit Hold
    Good faith and fair dealing New York law "implies" a duty in all contracts -- a duty to perform promises in good faith.* Does that mean a party must adjust a contractual benchmark rate if it knows something has distorted...
Rank this Week: 511

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Nov 18

    Groups of Gun Control Pressuring NJ to Carry Out Gun Law

    Groups of Gun Control Pressuring NJ to Carry Out Gun Law
    Gun control groups in Washington and New Jersey, are encouraging an NJ court to carry out an odd gun law in the state. This involves banning state sales of handguns that don’t employ some form of smart technology. Two gun groups --- the NJ…
  • Nov 18

    Court of Appeals Makes Reconsideration of Conflict Minerals Ruling

    Court of Appeals Makes Reconsideration of Conflict Minerals Ruling
    After striking down a ruling early this year that require publicly traded American companies to reveal as whether or not their products consist of conflict materials from Central Africa, a federal court of appeals may have second thoughts on…
  • Nov 17

    Madoff Trustee Settles with Investors for $497 Million

    Madoff Trustee Settles with Investors for $497 Million
    A court settlement will bring close to $500 million to investors Bernard Madoff cheated on, placing their overall recovery to date well over $10 billion. Irving Pacard, an official appointed by the court, tracked down the stolen money in one…
Rank this Week: 548

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 21

    Primer on Grand Jurie

    Primer on Grand Jurie
    In light of the fact that the Ferguson grand jury is likely to render its decision in the near future, I thought I would offer some links to sources that provide background information on grand juries. 1. Grand Juries 2....
  • Nov 20

    Law Prof Discusses Juries on NPR

    Law Prof Discusses Juries on NPR
    Professor David Harris of the University of Pittsburgh School of Law provides an excellent overview of the jury to include its history and how jurors are selected. NPR: American Attitudes on Juries and Jury Duty
  • Nov 19

    Court Upholds Conviction Despite Tweets by Two Different Jurors: U.S. v. Liu

    Court Upholds Conviction Despite Tweets by Two Different Jurors: U.S. v. Liu
    A federal district court this week, in U.S. v. Liu et. al, upheld the conviction of three defendants two of whom were attorneys for immigration fraud despite the fact that two different jurors sent out trial-related tweets. The first juror...
Rank this Week: 608

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/
  • Nov 20

    NASP 2014 Annual Conference

    NASP 2014 Annual Conference
    The National Association of Settlement Purchasers (NASP) celebrated its 10th annual conference November 5-6, 2014 in San Antonio, Texas with record attendance, recognition of past accomplishments and a clear existential message from its…
  • Nov 12

    NSSTA 2014 Fall Educational Conference

    NSSTA 2014 Fall Educational Conference
    Although David Ringler was unable to attend the National Structured Settlement Trade Association (NSSTA) 2014 Fall Educational Conference October 29-30 in La Jolla, California, he had an apparent impact. Ringler, NSSTA's first president,…
  • 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…
Rank this Week: 601

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/
  • Nov 20

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?
    Car crashes are common, especially in the automobile-dependent American culture. It's one of the reasons why drivers are required to hold a valid insurance policy. Typically, when a driver is at fault in an accident, their insurance policy…
  • Nov 6

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed
    Restaurant employees are required to work long hours. Running a restaurant begins hours before and sometimes continues for hours after the actual operating hours. In addition, employees are required to attend staff meetings, training sessions…
  • Oct 31

    Nevada Parents Sue School District Over Failure to Report Bullying

    Nevada Parents Sue School District Over Failure to Report Bullying
    Nevada parents Jennifer and Jason Lamberth thought everything was going well with their 13 year-old daughter, Hailee. She was enrolled as a seventh grader at White Middle School in Henderson. The day that her life came to a tragic end, she…
Rank this Week: 610

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: 606

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…
  • Nov 19

    Charles H. Toliver, IV Presented Justice Thurgood Marshall Award

    Charles H. Toliver, IV Presented Justice Thurgood Marshall Award
    The Delaware Barristers Association awarded Morris James partner, Charles H. Toliver, IV, the Justice Thurgood Marshall Award at the Louis L. Redding Benefit and Awards Gala on November 14, 2014. The Justice Thurgood Marshall Award is an…
Rank this Week: 631

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Nov 21

    The “euphemism treadmill”: Is it African-American or Black?

    The “euphemism treadmill”: Is it African-American or Black?
    It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group.…
  • Nov 19

    Does legalized marijuana evoke “the mother of all gender gaps”?

    Does legalized marijuana evoke “the mother of all gender gaps”?
    We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their…
  • Nov 17

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”
    Sometimes we run across odd associations as we peruse research literature. Here’s an article from Pacific Standard saying we can potentially predict when the legalization of marijuana will occur by looking at how quickly attitudes…
Rank this Week: 634

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: 662

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
  • Nov 21

    Easley again recognized among legal leaders in 2014

    Easley again recognized among legal leaders in 2014
    Congratulations to Dorothy Easley of Easley Appellate Practice for being recognized as a top appellate lawyer in the 2014 Super Lawyers Business Edition just released.  Ms. Easley is recognized as an attorney selected to the Super…
  • Nov 15

    The general rules on contract enforceability in Florida and recent contract decision

    The general rules on contract enforceability in Florida and recent contract decision
    To determine a contract’s enforceability, the Florida Supreme Court has long-established that Florida uses the objective (as opposed to the subjective) test (first expressed by the late Supreme Court Justice Oliver Wendell Holmes): The…
  • Nov 1

    Five stars for Easley's federal appellate treatise

    Five stars for Easley's federal appellate treatise
    We are proud and so honored to announce that Board certified appellate specialist Dorothy F. Easley's 2014 treatise, Successful Federal Appeals in all Circuit Courts: a Practical Guide for Busy Lawyers, has earned five stars by reviewers.…
Rank this Week: 709

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Nov 21

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial
    Today, my colleague Claire Raj told me about the Serial Podcast. According to iTunes, "Serial is a new podcast from the creators of This American Life, hosted by Sarah Koenig. Serial unfolds one story - a true story - over...
  • Nov 20

    Who's Scared of Fitbit?

    Who's Scared of Fitbit?
    A couple people sent me links to this story in the Atlantic. The story reports that a plaintiff in Canada is planning to introduce evidence from Fitbit (a wearable activity tracking device) “to show that her activity levels [after an...
  • Nov 19

    Credibility Proxies: Drug

    Credibility Proxies: Drug
    One remaining category of crime that has a long history as a credibility proxy is drug offenses. These offenses, like speeding, fall at the boundary between crimes of impulse (violent crimes) and crimes involving schemes that contravene…
Rank this Week: 753

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Nov 20

    Construction Contracts: Do You Know Who You Contracted With?

    Construction Contracts: Do You Know Who You Contracted With?
    By Jeff Boudreaux Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not. It…
  • Nov 19

    DHH Implements Recovery Audit Contractor Program

    DHH Implements Recovery Audit Contractor Program
    By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable…
  • Nov 18

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
    By Michael J. O’Brien A. Introduction to Punitive Damages Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59,…
Rank this Week: 742

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: 747

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 801

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
  • Nov 18

    New blog to cover California Supreme Court

    New blog to cover California Supreme Court
    I received an invitation yesterday afternoon to attend a reception to celebrate the launch of a new blog “focused on providing substantive coverage of issues concerning the Supreme Court of California,” and billed as a joint…
  • Nov 3

    What can Ernest Hemingway teach you about legal writing?

    What can Ernest Hemingway teach you about legal writing?
    In a Wall Street Journal article last month, “Why Adverbs, Maligned by Many, Flourish in the American Legal System,” Ernest Hemingway is cited twice as an example of an effective writer who eschewed adverbs. This colorful…
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
Rank this Week: 794