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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Feb 24

    Petition of the day

    Petition of the day
    The petition of the day is: Taylor v. Extendicare Health Facilities, Inc. 16-825 Issues: (1) Whether the Federal Arbitration Act or the “federal policy favoring arbitration” requires courts to discriminate in favor of…
  • Feb 24

    This week’s oral argument audio and transcripts now available on Oyez

    This week’s oral argument audio and transcripts now available on Oyez
    Oyez has posted audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Hernández v. Mesa McLane Company v. EEOC Kindred Nursing Centers v. Clark The post This…
  • Feb 24

    Neil Gorsuch the Law Clerk

    Neil Gorsuch the Law Clerk
    The case in front of Neil Gorsuch presented “an interesting constitutional question,” as he put it. “Does [due process] require a ‘nexus’ between the United States and a non-resident alien to apply to him…
Rank this Week: 10

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 12

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
  • Feb 20

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti

    Coming soon: “Conflict of Laws – A Comparative Approach” by Gilles Cuniberti
    Professor Gilles Cuniberti (University of Luxembourg) has authored a casebook entitled “Conflict of Laws – A Comparative Approach” which will be released this month by Edward Elgar Publishing. The official abstract kindly…
  • Feb 18

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal

    FOREIGN DIRECT INVESTMENT & THE RULE OF LAW: Call for proposal
     CALL FOR PROPOSALS FOR A SPECIAL ISSUE OF ACTA JURIDICA The Acta Juridica invites proposals for its special issue: Foreign Direct Investment (FDI) & The Rule of Law. Contributors will be invited to attend a Colloquium to be held in…
  • Feb 17

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit

    Eleventh José María Cervelló Business Law Prize – Essays on Brexit
    The José María Cervelló Chair of IE Law School and the ONTIER law firm announce the “Eleventh José María Cervelló Busines Law Prize”. The main purpose of the Prize is to promote legal…
Rank this Week: 30

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/
  • Apr 1

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

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

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

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

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

    Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR
    By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…
Rank this Week: 43

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
Rank this Week: 60

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Feb 20

    Arkansas Senate agrees to let voters decide on constitutional amendment limiting punitive damage

    Arkansas Senate agrees to let voters decide on constitutional amendment limiting punitive damage
    Arkansas could soon join the ranks of states that place a ceiling on punitive damages.  This article from the Magnolia Reporter of Arkansas reports that the Arkansas Senate voted in favor of a resolution (SJR8) that will ask the voters…
  • Feb 1

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin

    New Jersey federal jury awards $50 million in punitive damages against Lockheed Martin
    A few days ago, Law.com reported that a jury in federal district court in New Jersey has awarded $1.5 million in compensatory damages and $50 million in punitive damages in an age discrimination suit against Lockheed Martin. The article…
  • Jan 31

    Montana House moves to tighten limits on punitive damage

    Montana House moves to tighten limits on punitive damage
    Insurance Journal reports that the Montana House voted last week 60-40 to further tighten that state's legislative cap on punitive damages.  Under existing Montana law, punitive damages are capped at the lesser of $10 million or 3…
Rank this Week: 58

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Feb 21

    Sexual Assault in School Held Not Foreseeable

    Sexual Assault in School Held Not Foreseeable
    In K.G.R. v. Union City School District, No. W2016-01056-COA-R9-CV (Tenn. Ct. App. Dec. 14, 2016), the Court of Appeals overturned a denial of summary judgment, determining that the incident that occurred was not foreseeable and that…
  • Feb 20

    Maury County Fall Down Case Falls Down. Hard.

    Maury County Fall Down Case Falls Down. Hard.
    Not every fall results in a successful premises liability case, as the plaintiffs in a recent Tennessee Court of Appeals case were reminded. In Woodgett v. Vaughan, No. M2016-00250-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2016), plaintiff filed…
  • Feb 15

    Exclusion of Expert Testimony Reversed – New Trial Ordered

    Exclusion of Expert Testimony Reversed – New Trial Ordered
    In Holmes v. Christ Community Health Services, Inc., No. W2016-00207-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2016), the Court of Appeals overturned the exclusion of expert testimony in an HCLA case. In 2004, plaintiff fell and hurt her right…
Rank this Week: 77

CEB blog

CEB blog

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

http://blog.ceb.com
  • Feb 24

    A Conflicts Check Can Save You

    A Conflicts Check Can Save You
    A global law firm recently embarrassed itself by not doing a simple conflicts check. As Joe Patrice in his blog post for Above the Law explains, Dentons’ attorneys shot off a letter demanding a retraction from CNN for a story on…
  • Feb 22

    Caution! Sever a Joint Tenancy Before Conveying the Interest to a Third Party

    Caution! Sever a Joint Tenancy Before Conveying the Interest to a Third Party
    As a graduation present, your client purchases her son a home. Although the plan was for the son to live there alone, the client and her son take title as joint tenants. Years later, your client remarries and asks you to convey her interest…
  • Feb 17

    How to Prepare a Trial Outline

    How to Prepare a Trial Outline
    Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. The basics for any trial outline are: A list of all essential elements of the case.…
Rank this Week: 104

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: 132

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Feb 16

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient

    HR 985: A Sneak Attack On Veterans, Consumers, and Patient
    Without even holding a hearing, the House Judiciary Committee just passed a new bill (H.R. 985) that would make it far harder to sue large corporations when they cheat or hurt people. The vote was on party lines, with all Republicans voting…
  • Feb 8

    Rethinking Article III Standing Requirement

    Rethinking Article III Standing Requirement
    More than 2.6 million people tuned in to hear the Ninth Circuit’s oral argument in State of Washington, et al., vs. Donald Trump, President of the United States, et al, one of the cases challenging the Muslim refugee ban. It was a…
  • Jan 12

    Donald Trump And Honest Services Fraud

    Donald Trump And Honest Services Fraud
    LBJ gave up his radio stations. Jimmy Carter gave up his peanut farm. Untangling Donald Trump from his web of companies and interests is a bit more complicated.   Yesterday, a team of lawyers at Morgan Lewis released a “white…
Rank this Week: 147

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: 150

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: 185

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/
  • Feb 24

    Can Appellate Outcomes Be Predicted?

    Can Appellate Outcomes Be Predicted?
    Podcast: Can Appellate Outcomes Be Predicted? Sedgwick appellate specialist Kirk Jenkins "has compiled years of decisions by courts in Illinois and California, slicing the metrics every which way to create models that he contends give…
  • Feb 22

    2d DCA pro tem update

    2d DCA pro tem update
    The following are currently sitting on assignment in the 2d DCA:Judge Allan Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until March 31, 2017.Judge Rupa Goswami of the Los Angeles…
  • Feb 21

    "Thinking outside the American appellate box"

    "Thinking outside the American appellate box"
    That's the title of today's Moskovitz on Appeals column in the DJ, continuing a comparison of American versus British appellate procedures. Of particular interest is discussion of an experiment in the 3d District decades ago:one California…
Rank this Week: 220

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/
  • Feb 24

    Glover on Legal Claims and Regulatory Theory

    Glover on Legal Claims and Regulatory Theory
    Maria Glover has published A Regulatory Theory of Legal Claims, 70 Vand. L. Rev. 221 (2017). Here’s the abstract: Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes…
  • Feb 23

    Gugliuzza & La Belle on the Patent Venue Statute

    Gugliuzza & La Belle on the Patent Venue Statute
    Paul Gugliuzza and Megan La Belle have posted on SSRN a draft of their article, The Patently Unexceptional Venue Statute, which will be published in the American University Law Review. Here’s the abstract: Legal doctrines developed by the…
  • Feb 22

    Academic Commentary on the Pending Class Action Bill

    Academic Commentary on the Pending Class Action Bill
    From the Mass Tort Litigation Blog comes this list of academic commentary on the so-called "Fairness in Class Action Litigation Act," H.R. 985: John Coffee (Columbia) Howard Erichson (Fordham) Myriam Gilles (Cardozo) Elizabeth…
Rank this Week: 244

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Feb 23

    George Will on the Looming Pension Crisi

    George Will on the Looming Pension Crisi
    Conservative columnist George Will wrote this article about America’s looming pension crisis. From the article: Nowadays, America’s most persistent public dishonesties are the wildly optimistic, but politically convenient,…
  • Feb 22

    Smartphone – Dumb Driver

    Smartphone – Dumb Driver
    The Wall Street Journal reported Tuesday on the ‘epidemic issue’ of drivers distracted by their smartphones. In response, auto insurers are raising rates for everyone. And its not just texting. Insurer surveys show that in 2015,…
  • Feb 20

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial

    $37,200 Jury Verdict in Gulfport Federal Court Sexual Harassment Trial
    What better way to observe Presidents’ Day than a report on a jury verdict in a recent sexual harassment trial? The trial was week before last in Gulfport in the case of Canaski v. Mid-Mississippi Properties. Here is the salacious…
Rank this Week: 241

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Aug 21

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

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

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

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

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 263

White Collar Defense and…

White Collar Defense and Compliance

Covers developments in criminal law, federal case law, and statutes. Published by Alan Leibman of Fox Rothschild.

http://whitecollarcrime.foxrothschild.com/
  • Apr 8

    See you on LinkedIn

    See you on LinkedIn
    Alain Leibman writes: We have endeavored from the outset of this blog to offer thoughtful, possibly useful, and occasionally provocative analyses of developments in the criminal law, a time-intensive effort.  Regrettably, a busy workload…
  • Mar 18

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?

    Does your Third Circuit judge vote as a “conservative, moderate, or liberal”?
    Alain Leibman writes: Matthew Stiegler, a Philadelphia attorney, has a terrific blog dedicated to reporting on, and thoughtfully analyzing, developments in the Third Circuit Court of Appeals, called the CA3blog.  Matthew has written a…
  • Jan 30

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry

    Third Circuit Opinion Cites Alain Leibman’s Fox WC Blog Entry
    Alain Leibman writes: Those of you who follow, or at least sporadically read, this blog know that it attempts to treat in a considered way important issues facing the white collar bar and our clients.  Still, like any blog, it exists…
Rank this Week: 276

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: 277

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/
  • Feb 23

    Class Certification Trends For 2016

    Class Certification Trends For 2016
    Seyfarth Synopsis: This is the fifth installment of our blog series on key trends for workplace class action litigation in 2016. In terms of the sheer number of rulings, a significant trend saw wage & hour class action and collective…
  • Feb 17

    Reminder – Sign Up Now For Seyfarth’s 13th Annual Workplace Class Action Report Webinar!

    Reminder – Sign Up Now For Seyfarth’s 13th Annual Workplace Class Action Report Webinar!
    By Lorie Almon, Gerald L. Maatman, Jr., and Ian Morrison Seyfarth’s Annual Workplace Class Action Report Webinar is next Tuesday, February 21, 2017. Click here to register and attend. It’s free! As we face a new year, Seyfarth is…
  • Feb 16

    Seyfarth Shaw Submits Comments And Testimony On The Proposed Amendments To Rule 23

    Seyfarth Shaw Submits Comments And Testimony On The Proposed Amendments To Rule 23
    By Gerald L. Maatman, Jr., Tiffany Tran, and Julie Yap Seyfarth Synopsis: Seyfarth Shaw submitted comments and oral testimony to the Federal Advisory Committee on Civil Rules regarding needed reform and guidance to Rule 23, the rule that…
Rank this Week: 336

Litigation PostScript

Litigation PostScript

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

http://www.litigationps.com/litigation_postscript_per/
  • Feb 23

    Witnesses: Know Your Seven Ways Out of the 'Yes or No' Trap

    Witnesses: Know Your Seven Ways Out of the 'Yes or No' Trap
    By Dr. Ken Broda-Bahm: For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney's strategy: control. The questioning attorney wants, maybe needs, to control the witness…
  • Feb 20

    Don't Fear the Reptile

    Don't Fear the Reptile
    By Dr. Ken Broda-Bahm: Take the Reptile seriously, but don't fear it. The en vogue strategic choice of the plaintiffs' bar, the idea that trial persuasion can be leveraged by careful and targeted attention to the fear impulse of the so-called…
  • Feb 16

    When You Want to Know, Ask Directly...Sometime

    When You Want to Know, Ask Directly...Sometime
    By Dr. Ken Broda-Bahm: In voir dire, sometimes you want to choose a strategic and indirect way of asking, and sometimes you just want to come straight out and ask the question directly. In an interesting illustration of the difference between…
Rank this Week: 330

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
Rank this Week: 324

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: 339

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • Feb 24

    Appellate Advocacy Blog Weekly Roundup February 24 2017

    Appellate Advocacy Blog Weekly Roundup February 24 2017
    As we do every Friday, the Appellate Advocacy Blog presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be...
  • Feb 21

    #TwitterTuesday--Appellate Hashtag

    #TwitterTuesday--Appellate Hashtag
    Normally on #TwitterTuesday we feature people, organizations, or journals to follow that tweet on matters related to appellate advocacy. Today, however, I want to feature just one hashtag #appellatetwitter. The #appellatetwitter hashtag is a…
  • Feb 20

    Best Law Schools for Moot Court

    Best Law Schools for Moot Court
    The Winter 2017 edition of The National Jurist features a story on the law schools with the best moot court programs. The story recognizes that the schools with the best programs are not always the highest ranked programs according to...
Rank this Week: 386

Texas Causes of Action Blawg

Texas Causes of Action Blawg

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

http://causeofactionelements.blogspot.com/
  • Feb 23

    Elements of breach-of-fiduciary-duty claim under Texas law

    Elements of breach-of-fiduciary-duty claim under Texas law
    "The elements of a breach of fiduciary duty claim are: (1) a fiduciary relationship between the plaintiff and defendant, (2) a breach by the defendant of his fiduciary duty to the plaintiff, and (3) an injury to the plaintiff or benefit to…
  • Feb 14

    Doctrine of laches (not the same as statute of limitations, but similar)

    Doctrine of laches (not the same as statute of limitations, but similar)
    LACHES DOCTRINE IS EQUITABLE IN NATURE, WHILE SOL IS STATUTORY  Laches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time. Green v. Parrack,974 S.W.2d 200, 203-04 (Tex. App.-San Antonio…
  • Jan 10

    Principles of statutory construction

    Principles of statutory construction
    When can extrinsic information be considered in construing a statute? The meaning of a statute is a legal question, which we review de novo to ascertain and give effect to the legislature's intent. Entergy Gulf States, Inc. v.…
Rank this Week: 373

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Feb 23

    Pennsylvania Supreme Court Addresses Validity of Section 1731 UM/UIM Rejection Form

    Pennsylvania Supreme Court Addresses Validity of Section 1731 UM/UIM Rejection Form
    In its recent decision in the case of Ford v. American States Ins. Co., No. 1800 WDA 2014 (Pa. Feb. 22, 2017)(Maj. Op. by Baer, J.), the Pennsylvania Supreme Court addressed the the validity of a Section 1731 uninsured and underinsured…
  • Feb 21

    Pennsylvania Superior Court Rules Jury Cannot Award Damages That Were Neither Sought or Proven

    Pennsylvania Superior Court Rules Jury Cannot Award Damages That Were Neither Sought or Proven
    In the case of Stapas v. Giant Eagle, Inc., 2016 Pa. Super. 303 (Pa. Super. Dec. 23, 2016 Stabile, J. Bowes, J. Musmanno, J.) (Op. by Stabile, J.), the Pennsylvania Superior Court reversed, in part, the trial court’s denial of…
  • Feb 15

    Bad Faith Claim Based Upon Sackett Dispute Rejected

    Bad Faith Claim Based Upon Sackett Dispute Rejected
    In a recent decision out of the Western District Federal Court of Pennsylvania in the case of Trustgard  Ins. Co. v. Campbell, No. 16-CV-1013 (W.D. Pa. Nov. 28, 2016 Schwab, J.), the court rejected a claim of bad faith in the case where…
Rank this Week: 404

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Feb 10

    What Should You Not Do as a Whistleblower?  Tell the Defendant

    What Should You Not Do as a Whistleblower?  Tell the Defendant
     One thing we cannot stress enough as attorneys for relators in False Claims Act cases is to respect the seal.  As you may know from reading this blog, the False Claims Act requires that any case filed by a qui tam whistleblower has…
  • Jan 27

    How do I blow the whistle on tax fraud?

    How do I blow the whistle on tax fraud?
       Every year, people and companies in the United States cheat on their taxes.  The IRS has a special term for the amount of taxes that go unpaid each year.  It’s called the “Tax Gap,” which means the…
  • Jan 3

    Billing for Medically Unnecessary Service

    Billing for Medically Unnecessary Service
     In the world of False Claims Act qui tam cases, the concept of medical necessity is a very big issue. This is because Medicare requires, as a condition of coverage, that services delivered to a patient be “reasonable and necessary…
Rank this Week: 412

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 3

    Alice Dismissal, Without More, is Not Necessarily Exceptional

    Alice Dismissal, Without More, is Not Necessarily Exceptional
    O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.). Judge Tharp denied defendant Narrative Sciences’ 35 U. S.C. § 285 motion to make the case exceptional after using a motion to…
  • Feb 1

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim

    One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim
    Kosten v. Kosten, No. 16 C 6666, Slip Op. (N.D. Ill. Dec. 14, 2016) (Kennelly, J.). Judge Kennelly denied in part defendant’s Fed. R. Civ. P. 12(b) motion to dismiss plaintiff’s state law claims in this case involving copyright…
  • Jan 30

    Court Strikes Answer’s “Oxymoronic” Denial

    Court Strikes Answer’s “Oxymoronic” Denial
    Levi Strauss & Co., v. Zhejiang Weidu Co., Ltd., No. 16 C 7824, Slip Op. (N.D. Ill. Dec. 28, 2016) (Shadur, Sen. J.). Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the…
Rank this Week: 429

DRI Today

DRI Today

Features civil defense attorneys' perspectives on employment law, intellectual property, and product liability. From DRI - The Voice of the Defense Bar.

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

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

    Selecting Client

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

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 389

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
  • Feb 24

    Webcast: eDiscovery and CloudNine – A Complete Demonstration

    Webcast: eDiscovery and CloudNine – A Complete Demonstration
    A complete demonstration of CloudNine's SaaS-delivered eDiscovery automation software by industry expert and author Doug Austin. Used extensively by corporations and law firms to simplify legal discovery in litigation, investigations, and…
  • Feb 23

    Jason R. Baron of Drinker Biddle & Reath LLP, Part 1: eDiscovery Trend

    Jason R. Baron of Drinker Biddle & Reath LLP, Part 1: eDiscovery Trend
    Today’s thought leader is Jason R. Baron of Drinker Biddle & Reath LLP. Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice and co-chair of the Information Governance Initiative. An…
  • Feb 22

    Google Required to Hand Over Foreign Stored Emails to Justice Department: eDiscovery Case Law

    Google Required to Hand Over Foreign Stored Emails to Justice Department: eDiscovery Case Law
    In the ruling In re Search Warrant No. 16-960-M-01 to Google, Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with a search warrant to produce foreign-stored emails, disagreeing with the U.S. Court of Appeals for the…
Rank this Week: 464

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 479

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/
  • Feb 24

    A Compassion for the Law

    A Compassion for the Law
    Susan Bandes, Compassion and the Rule of Law, 13 Intl. J. Law in Context (forthcoming 2017), available at SSRN.Mark KendeU.S. Supreme Court Justice Sonia Sotomayor faced a roadblock to confirmation because she had once said in a speech,…
  • Feb 23

    Could There Be Free Speech for Electronic Sheep?

    Could There Be Free Speech for Electronic Sheep?
    Toni M. Massaro, Helen L. Norton & Margot E. Kaminski, Siri-ously 2.0: What Artificial Intelligence Reveals about the First Amendment, Minn. L. Rev. (forthcoming 2017), available at SSRN.Ann BartowThe goal of “Strong Artificial…
  • Feb 22

    The Impact of Business Courts (Outside of Delaware)

    The Impact of Business Courts (Outside of Delaware)
    Jens Dammann, Business Courts and Firm Performance (U. Tex. Research Paper No. 564, 2017), available at SSRN.Omari SimmonsProfessor Jens Dammann’s paper titled Business Courts and Firm Performance is a bold attempt to answer a vexing…
Rank this Week: 497

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/
  • Feb 23

    Structured Settlement 2016 Annuity Sale

    Structured Settlement 2016 Annuity Sale
    Among many recent structured settlement industry developments, perhaps the most significant and impressive has been the continuation of sustained primary market annuity sales growth - especially in the context of various industry challenges.…
  • Feb 15

    S2P2J Release 61

    S2P2J Release 61
    The United States structured settlement industry has been in existence for more than 40 years and continues to expand its scope, complexity and importance within the context of personal injury settlement planning. The industry consists of…
  • Jan 18

    Interview with SSP President Joe Tomb

    Interview with SSP President Joe Tomb
    Joe Tombs is currently completing the first year of a two-year term as President of the Society of Settlement Planners (SSP). SSP's 2017 Annual Conference is scheduled for March 1-3 in Las Vegas. As Tombs prepares for this event, he...
Rank this Week: 501

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
  • Feb 19

    Identifying & combatting Fake News: A primer

    Identifying & combatting Fake News: A primer
    I was recently asked to put together a presentation on the fake news phenomenon for discussions with leading journalists and media institutions in a developing country, with extremely poor media literacy but strong growth around social media…
  • Dec 19

    Corridors of Power: Constitutional Power and Architecture

    Corridors of Power: Constitutional Power and Architecture
    Delivered a short presentation today to the Friedrich Naumann Foundation for Freedom office in Colombo on ‘Corridors of Power’, an exhibition I curated with Channa Daswatta and Asanga Welikala that explores Sri Lanka’s…
  • Nov 30

    Fake news in Myanmar: Social Media verification workshop

    Fake news in Myanmar: Social Media verification workshop
    Cross-posted from the ICT4Peace Foundation website. ### An informal workshop on verifying news and information spread across social media was held recently at Phandeeyar in Yangon, Burma, led by the Foundation’s Special…
Rank this Week: 432

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: 431

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

Covers legal topics such as appeals, drug crimes, internet crimes, white collar crime, and federal criminal trials. By Kish & Lietz.

http://www.georgiafederalcriminallawyerblog.com/
  • Feb 22

    The Brady Rule: The Fox Guards the Henhouse

    The Brady Rule: The Fox Guards the Henhouse
    Of all the rules governing criminal cases I have learned over the past 33 years, the Brady rule is the most troubling.  Brady teaches that the government violates the due process rights of a criminal Defendant if the prosecution fails to…
  • Feb 21

    Pleading Guilty: The Single Biggest Decision

    Pleading Guilty: The Single Biggest Decision
    Handling criminal cases, mostly in the federal courts in Atlanta, throughout Georgia, and in many other states, is how we spend most of our time, as anyone who reads this blog knows. The single biggest decision in most of our cases is whether…
  • Feb 8

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law

    Fascination: the U.S. Supreme Court Once Again Looks at Federal Gun Law
    The online Merriam-Webster dictionary defines the root word of “fascination” as “to transfix or hold spellbound by an irresistible power.”  Since 1971, the Supreme Court of the United States has on all least 13…
Rank this Week: 517

The Courtroom Insight Blog

The Courtroom Insight Blog

Featuring attorney reviews of expert witnesses, litigation consultants, mediators and arbitrators.

http://blog.courtroominsight.com/
  • Feb 17

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?

    Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?
    Flachsbart & Greenspoon partner, Robert Greenspoon hopes that Supreme Court Nominee, Neil Gorsuch will assist in the “scaling back the inter partes review procedures created by the America Invents Act (AIA).”  However,…
  • Jan 30

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?

    Is Your Expert Witness “Hot Tubbing” in the Courtroom?
    Last Fall, the National Law Review reported on the concept of “Hot Tubbing” in U.S. Courts.  They define the practice of presenting concurrent expert evidence, or “Hot Tubbing” as asking experts in the case to…
  • Jan 10

    New Software Release Includes Unique Expert Witness Service

    New Software Release Includes Unique Expert Witness Service
    Courtroom Insight is pleased to announce a brand new service and significant new enhancements with the latest release of our knowledge management software. First, we are proud to offer a new expert witness information service that…
Rank this Week: 531

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Feb 24

    Juror questions during trial, alibis, police uniforms, and fMRIs and lie detection

    Juror questions during trial, alibis, police uniforms, and fMRIs and lie detection
    Here’s another combination post offering multiple tidbits for you to stay up-to-date on new research and publications that have emerged on things you need to know. We tend to publish these when we’ve read a whole lot more than we…
  • Feb 22

    Pew Research: Attitudes toward China are more  negative now!

    Pew Research: Attitudes toward China are more  negative now!
    We’ve written before about American attitudes toward China and Asians in general and are used to seeing knee-jerk negative reactions toward Asian companies or parties across the country as we complete pretrial research. But, like other…
  • Feb 20

    Anti-Muslim and anti-Mexican attitudes create a  self-fulfilling prophecy

    Anti-Muslim and anti-Mexican attitudes create a  self-fulfilling prophecy
    Lately we’ve heard a lot more anti-immigrant bias expressed in public and it turns out, hate speech breeds hatred of its own. This research has pretty frightening findings and you may find it hard to believe there is such misinformed…
Rank this Week: 616

Juries

Juries

Discusses jury-related issues.

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

    Discussing Implicit Bias with Juror

    Discussing Implicit Bias with Juror
    Here is a link to Judge Bennett's instructions to jurors about implicit bias. Do not decide the case based on “implicit biases.” As we discussed in jury selection, everyone, including me, has feelings, assumptions, perceptions, fears, and…
  • Feb 22

    Jury Scholar is Looking for a Post-Doc

    Jury Scholar is Looking for a Post-Doc
    Noted jury scholar Valerie Hans is looking for a post-doc to assist with a research project on Quantitative Judgments in Law: Studies of Damage Award Decision Making. I'm looking for a post-doc! Cornell Law School is seeking a Postdoctoral…
  • Feb 16

    Jury Nullification in NH

    Jury Nullification in NH
    New Hampshire has drawn one step closer to creating a new law requiring courts to inform "the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.” This week...
Rank this Week: 604

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Feb 17

    Mechanical Engineering Testimony in Tire Case Reserved

    Mechanical Engineering Testimony in Tire Case Reserved
    Plaintiff commenced a lawsuit against defendant after a motor vehicle accident.  Plaintiff hired a mechanical engineer to provide expert witness testimony. Facts:  This case (Below, Joshua et al v. Yokohama Tire Corporation et…
  • Feb 15

    One Expert Disallowed and Two Experts Allowed in Part in Products Liability Case

    One Expert Disallowed and Two Experts Allowed in Part in Products Liability Case
    Plaintiff sued Defendant for products liability for foam insulation that was installed in the their home.  They hired three experts and the defendants filed motions to exclude their testimony. Facts:  This case (Monica and Richard…
  • Feb 13

    Three Experts Allowed in Negligence Case

    Three Experts Allowed in Negligence Case
    Plaintiff sued defendant for negligence when a live electrical wire caused injury to their minor child.  The plaintiff hired three expert witnesses, which were challenged by defendant.  The court denied the motion to exclude. Facts:…
Rank this Week: 611

Tennessee Defense Litigation

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/
Rank this Week: 663

e-Lessons Learned

e-Lessons Learned

Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.

http://ellblog.com
Rank this Week: 649

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • May 26

    Judge: Still No to Obama Immigration Action

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

    Art Activists: New York City Halted Museum Protest Speech

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

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message

    Court of Appeals Allows Reprieve for Tobacco Firms on Package Message
    The tobacco industry won’t have to include messages on their packaging indicating of them lying to American public, according to a federal court of appeals ruling in Washington, D.C. The federal court of appeals last week ruled that tobacco…
Rank this Week: 617

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/
  • Apr 20

    Piercing Corporate Veils / Alter Ego - Business Litigation

    Piercing Corporate Veils / Alter Ego - Business Litigation
    "Piercing a corporate veil" means an individual can be personally liable in certain situations. Courts apply this equitable remedy to avoid improper use of corporate laws meant to shield innocent shareholders and to promote justice. The…
  • Apr 20

    Nursing Home Abuse & Neglect - Growing Elderly Population

    Nursing Home Abuse & Neglect - Growing Elderly Population
    Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic…
  • Apr 1

    Workers Compensation War!

    Workers Compensation War!
    Shockingly, States are trying to "dismantle" the workers compensation system. Little do you pay attention to such laws until you get hurt at work and start the downward financial (and health) spiral because some insurance company won't pay…
Rank this Week: 693

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Feb 24

    Lawsuit Funding can be the Financial Ammunition Needed to Fight for Your Right

    Lawsuit Funding can be the Financial Ammunition Needed to Fight for Your Right
    A 21-year-old Bryan, Texas man was killed and three others were injured in a rollover accident. According to police, four people were in a pick-up when the driver lost control and the truck flipped and rolled. One passenger was pronounced…
  • Feb 23

    Pharmacy Accused of Prescription Error that Caused Death

    Pharmacy Accused of Prescription Error that Caused Death
    Pharmacy errors can happen when the wrong dose of a prescription is given, when the wrong medication is given and in other circumstances. When that duty of care is breached and the breach causes harm to the patient, a pharmacy and pharmacist…
  • Feb 21

    Lawsuit Alleges Nurses Tied Resident to Wheelchair and Injected a Sedative to Keep Her Quiet

    Lawsuit Alleges Nurses Tied Resident to Wheelchair and Injected a Sedative to Keep Her Quiet
    When we place our loved ones in the care of a nursing home, we expect they will receive quality care. Unfortunately, nursing home negligence and abuse are all too common due in part to overworked nurses, under-trained staff, and/or a simple…
Rank this Week: 852

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
Rank this Week: 751