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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • May 24

    Petition of the day

    Petition of the day
    The petition of the day is: Air Liquide Industrial U.S. LP v. Garrido 15-1336 Issue: (1) Whether the California Court of Appeal erred by holding, in direct conflict with DirectTV v. Imburgia, that the parties’ agreement…
  • May 24

    Petitions to watch | Conference of May 26

    Petitions to watch | Conference of May 26
    In its Conference of May 26, 2016, the Court will consider petitions involving issues such as whether and under what standard a corporation or other organization may be deemed to have “knowingly” presented a false claim, or used…
  • May 24

    Event announcement

    Event announcement
    On June 2 at 11:45 a.m., Judge Brett Kavanaugh will give the keynote address, “Justice Scalia and Deference,” at a conference with the Center for the Study of the Administrative State. More information about the conference is…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 15

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
  • May 24

    EUPILLAR conference on Cross-Border Litigation Conference, London, 16-17 June

    EUPILLAR conference on Cross-Border Litigation Conference, London, 16-17 June
    The “Cross-Border Litigation in Europe” conference is organised by the Centre for Business Law and Practice, University of Leeds, and the Centre for Private International Law, the University of Aberdeen. The conference is…
  • May 24

    Avotinš v. Latvia: Presumption of Equivalent Protection not Rebutted

    Avotinš v. Latvia: Presumption of Equivalent Protection not Rebutted
    The much awaited decision Avotinš v. Latvia of the Grand Chamber of the ECtHR was finally delivered yesterday. The decision can be found here. A video of the delivery is also available. The European Court of Human Rights held by a…
  • May 20

    Full Movement beyond Control and the Law – Research Project – 2016 – 2021

    Full Movement beyond Control and the Law – Research Project – 2016 – 2021
    Prof. Jean-Sylvestre Bergé, of Lyon, is the leading researcher of the long-term, multidisciplinary and comparative (and certainly challenging!) project giving title to this post. A summary of the project, which…
Rank this Week: 33

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: 64

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/
  • Feb 9

    A Noteworthy Event – March 17-18, 2016

    A Noteworthy Event – March 17-18, 2016
    Retail data breaches continue to evolve and bring new litigation and trends in the Data Breach and Privacy Litigation context. Business to business claims, vendor lawsuits, litigation between issuing banks and retailers post-breach, the…
  • Jan 29

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

    Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court
    Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by…
  • Jan 13

    Fifth Circuit weighs in on ambiguous class definition

    Fifth Circuit weighs in on ambiguous class definition
    Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a…
Rank this Week: 69

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 100

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: 105

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/
  • May 18

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry

    SCOTUS Vacates Ninth Circuit in Spokeo, Remands for New “Concreteness” Inquiry
    The Supreme Court issued Spokeo, Inc. v. Robins, No. 13-1339, earlier this week. In a majority opinion unlikely to make anyone happy, the Court vacated the Ninth Circuit’s decision, which held that Robins had adequately alleged Article III…
  • May 17

    SCOTUS Decision on Arising Under Jurisdiction in Merrill Lynch Case

    SCOTUS Decision on Arising Under Jurisdiction in Merrill Lynch Case
    Yesterday, the Supreme Court issued a unanimous decision in Merrill Lynch, Pierce, Fenner & Smith v. Manning. Justice Kagan wrote the opinion, with Justices Thomas (joined by Justice Sotomayor) concurred in the judgment and wrote…
  • May 16

    Senate Judiciary Committee to Consider Nominations of Ten Federal Judges This Week

    Senate Judiciary Committee to Consider Nominations of Ten Federal Judges This Week
    The Senate Judiciary Committee will hold hearings on Wednesday, May 18, 2016, at 10:00 a.m., on the nominations of: Donald Karl Schott, to be United States Circuit Judge for the Seventh Circuit Paul Lewis Abrams, to be United States…
Rank this Week: 129

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 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 160

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • May 19

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law

    Good Doctors Learn From Malpractice; Bad Doctors Lobby For New Law
    A week ago, the Wall Street Journal published an excellent article, “Clues to Better Health Care From Old Malpractice Lawsuits,” which detailed the way that malpractice insurers and medical safety groups have been pouring through…
  • May 15

    Death From Medical Error: Even More Common Than The Headlines Say

    Death From Medical Error: Even More Common Than The Headlines Say
    A recent article in the British Medical Journal made the headline-grabbing claim that medical errors were now “the third leading cause of death in the US,” behind only cancer and heart disease. Medical errors, in their estimate,…
  • May 3

    The Science Connecting Talcum Powder And Ovarian Cancer

    The Science Connecting Talcum Powder And Ovarian Cancer
    On Monday, a jury in Missouri hit Johnson & Johnson with a $55 million verdict in favor of a woman who developed ovarian cancer after decades of using talc baby powder in her vaginal area as part of her normal routine. Younger readers…
Rank this Week: 168

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: 171

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/
  • May 22

    Hiding Cash By Structuring Bank Deposit

    Hiding Cash By Structuring Bank Deposit
    In some situations, the transfer of large sums of cash is a red flag that assets have been hidden by money laundering. Government authorities therefore require banks to report their customers who transfer or exchange large sums of cash.…
  • May 11

    Wire Fraud, Bribery & A Private Investigation

    Wire Fraud, Bribery & A Private Investigation
    This is the 10th post in my series about what private investigators can and cannot do legally when searching for assets. The post discusses “K.C.” who was defrauded out of at least $500,000.00 by Patricia Walker-Halstead, a…
  • May 4

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

    Divorce & Hidden Money: Panama Charly & Helga Glock’s Search For Asset
    Moneylaundering.com’s Editor-in-Chief Kieran Beer says at his April 11th article, that the Panama Papers represent “an unparalleled look at the…abuse of shell companies, in this case those created by Panama-based law…
Rank this Week: 174

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: 195

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/
  • May 24

    Pro tem update

    Pro tem update
    The following are currently sitting on assignment in the Second District: Judge Amy D. Hogue of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until July 31, 2016.Judge Michael J. Raphael of the…
  • May 20

    You know, that place where books live...?

    You know, that place where books live...?
    Today's DJ has a great letter to the editor from Bret Christensen of the Riverside County Law Library responding to the May 18 article Bar proposes revised practice skills requirements:The article did not say what skills on which the State…
  • May 19

    Split re anti-SLAPP fee

    Split re anti-SLAPP fee
    Ok, so plaintiff sues defendant, and defendant (of course!) responds with an anti-SLAPP motion. Before the trial court rules on the motion, plaintiff dismisses its case. We all know that when a plaintiff voluntarily dismisses in that…
Rank this Week: 220

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    Report: Most Lawyers Are Not Busy Enough

    Report: Most Lawyers Are Not Busy Enough
    You are not alone if you are a partner at a law firm and aren’t busy enough. According to this ABA article an Altman Weil report reveals that most partners aren’t busy enough. The figure is 80% for non-equity partners at big…
  • May 18

    Varidesk is a Great Stand-up Desk Option

    Varidesk is a Great Stand-up Desk Option
    Regular readers are familiar with my bitching about the health effects of sitting at a desk and working on a computer all day. Sitting all day makes my neck stiff and hurt. My gut feeling is that it’s generally bad for my physical…
  • May 16

    March Miss. Jury Verdict Reporter Preview

    March Miss. Jury Verdict Reporter Preview
    Here is a (late) preview of the March 2016 issue of the Miss. Jury Verdict Reporter: $43,500 verdict- Warren County trip and fall case (2/1/16); $26,567 verdict- Madison County breach of contract case (1/12/16); $5,000 verdict and 50%…
Rank this Week: 230

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: 229

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: 265

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • May 20

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm

    No Causation Found For Plaintiff Injured by Dorm Fire Alarm
    In Crutchfield v. State, No. M2015-01199-COA-R3-CV (Tenn. Ct. App. April 18, 2016), plaintiff sued the State for alleged negligence regarding a fire alarm in her college dorm room at Tennessee Technological University (TTU), a state…
  • May 18

    Refusal to Strike HCLA Expert Affirmed

    Refusal to Strike HCLA Expert Affirmed
    In Bogle v. Nighthawk Radiology Services, LLC, No. M2014-01933-COA-R3-CV (Tenn. Ct. App. April 6, 2016), the dispositive issue was whether the trial court should have stricken defendant’s expert testimony in a health care liability case…
  • May 11

    Summary Judgment Reversed in Legal Malpractice Case

    Summary Judgment Reversed in Legal Malpractice Case
    In Roberts v. Ray, No. E2015-01522-COA-R3-CV (Tenn. Ct. App. April 13, 2016), the Court of Appeals reversed summary judgment on a legal malpractice claim, finding that there were genuine issues of material fact in the case. Plaintiff’s…
Rank this Week: 282

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • May 24

    My New Podster Article, "The Debbie Dilemma"

    My New Podster Article, "The Debbie Dilemma"
    Today, Podster Magazine released its May 2016 issue. My article, "The Debbie Dilemma," appears on pages 46-47 (or 49/57). It deals with the police statements and testimony of Debbie Warren at Adnan's two trials. -CM
  • May 23

    What Types of Attorney Behavior are Per Se Ineffective Assistance of Counsel?

    What Types of Attorney Behavior are Per Se Ineffective Assistance of Counsel?
    Pursuant to the Supreme Court's opinion in Strickland v. Washington, a defendant establishes a claim of ineffective assistance of counsel by proving (1) that counsel’s performance "fell below an objective standard of…
  • May 20

    Will Missouri Adopt the Daubert Test for Expert Evidence?

    Will Missouri Adopt the Daubert Test for Expert Evidence?
    Missouri is currently one of a minority of states that still applies the Frye test for determining the admissibility of expert evidence. This Frye test uses a single criterion: Does the technique or technology used by the expert have…
Rank this Week: 333

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/
  • May 24

    Tort Law in the Laboratory

    Tort Law in the Laboratory
    Theodore Eisenberg and Christoph Engel, Unpacking Negligence Liability: Experimentally Testing the Governance Effect, 13 J. Empirical Legal Stud. 116 (2016), available at SSRN.Mark GeistfeldEmpirical study of the law is important,…
  • May 23

    Sex Discrimination: The Future of LGBT Rights?

    Sex Discrimination: The Future of LGBT Rights?
    Suzanne Goldberg, Risky Arguments in Social-Justice Litigation: The Case of Sex Discrimination and Marriage Equality, 114 Colum. L. Rev. 2087 (2014).Clifford RoskyFor several decades, scholars, lawyers, and judges have debated whether laws…
  • May 20

    Putting a Face to International Tax Avoidance

    Putting a Face to International Tax Avoidance
    Omri Marian, The State Administration of  International Tax Avoidance, 7 Harv. Bus. L. Rev. (forthcoming, 2016).Andrew HayashiThe world of international tax avoidance is a colorful one. There are the legal structures, with names…
Rank this Week: 370

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
  • May 15

    An Update on Structured Settlement Legislation

    An Update on Structured Settlement Legislation
    There has been major legislative movement making improvements to the Structured Settlement Protection Act across the states, most recently in Florida, Virginia and Wisconsin.  Now, progress is being made to ensure that injured parties…
  • Apr 25

    The Johnson & Johnson Talcum Powder Verdict

    The Johnson & Johnson Talcum Powder Verdict
    A jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. On…
  • Apr 11

    What WILG is Doing for Workers' Compensation

    What WILG is Doing for Workers' Compensation
    Workers' Injury Law & Advocacy Group, also known as WILG, is the national non-profit organization of legal professionals dedicated to representing the interests of millions of workers and their families who suffer work-related injuries or…
Rank this Week: 377

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: 413

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • May 24

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court

    Western District Federal Court Grants Carrier's Motion to Remand Post-Koken Case to Federal Court
    In a recent May 10, 2016 decision out of the Federal Western District Court of Pennsylvania in the case of Schutte v. GEICO, 2:16-cv-00374  (W.D. Pa. May 10, 2016 Schwab, J.), Judge Arthur J. Schwab denied a Plaintiff’s Motion to…
  • May 23

    No Loss of Consortium Claim Allowed to Nephew Relative to Aunt or Uncle

    No Loss of Consortium Claim Allowed to Nephew Relative to Aunt or Uncle
    In the case of Young v. Est. of Young, No. 658 C.D. 2015 (Cmwlth. Ct. April 12, 2016 Simpson, Wojcik, Pellegrini, J.J.)(Op. by Simpson, J.), the Pennsylvania Commonwealth Court sustained preliminary objections to a Complaint and ruled, in…
  • May 20

    ARTICLE: Expansion of Negligence Liability to Text Senders Untenable

    ARTICLE: Expansion of Negligence Liability to Text Senders Untenable
    The below article of mine appeared in the May 17, 2016 edition of the Pennsylvania Law Weekly. Expansion of Negligence Liability to Text Senders Untenable  byDaniel E. Cummins, Pennsylvania Law Weekly May 17 2016  …
Rank this Week: 423

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Executors Should Beware Of Serious Pitfall

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

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

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

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 474

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 492

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • May 24

    The James Earl Jones (or Barry White) Effect now applies to women too! 

    The James Earl Jones (or Barry White) Effect now applies to women too! 
    Almost five years ago, we wrote about research saying men with deep voices were more persuasive. Science has moved forward though and now, women can also be more persuasive when using a deeper voice. Some call it a “sultry voice”.…
  • May 20

    Female? React emotionally and you’ll be seen as less  intelligent

    Female? React emotionally and you’ll be seen as less  intelligent
    It’s tough to see the same old themes come up over and over again but—here we go again… Women who react emotionally are seen as less intelligent, but if they react in a “measured and manly way” they are thought…
  • May 16

    So how do law firm partners really feel about Black associates? 

    So how do law firm partners really feel about Black associates? 
    Here’s another sneaky way researchers try to figure out your real feelings rather than your politically correct and overtly verbalized feelings. This is research from Nextions showing bias still exists in the legal field and it’s…
Rank this Week: 516

Workplace Class Action Blog

Workplace Class Action Blog

Covers class action litigation issues, including class certification, discovery and defense strategies. By Seyfarth Shaw LLP.

http://www.workplaceclassaction.com/
Rank this Week: 521

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/
  • Mar 2

    Laches explained (equitable remedy)

    Laches explained (equitable remedy)
    WHAT IS LACHES AND WHEN CAN IT BE INVOKED? "[L]aches is an equitable remedy that prevents a plaintiff from asserting a claim due to a lapse of time."Bluebonnet Sav. Bank, F.S.B. v. Grayridge Apartment Homes, Inc., 907 S.W.2d 904,…
  • Feb 4

    Right to an offset is an affirmative defense

    Right to an offset is an affirmative defense
      RIGHT TO OFFSET: WHO HAS BURDEN TO PLEAD AND PROVE IT? The right to an offset is an affirmative defense, and the burden of pleading offset and of proving facts necessary to support it are on the party making the…
  • Sep 22

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection

    OAG v Weatherspoon (Tex 2015) Texas Supreme Court keeps whittling away at Whistleblower protection
    Supreme Court Justices continue to dismantle the Texas Whistleblower Act  Comment on Office of the Attorney General v Ginger Weatherspoon, No. 14-0582 (Tex. Sep. 18, 2015)  Here we go again. In an opinion handed down last…
Rank this Week: 538

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: 534

Trial Ad Notes

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com/
  • Apr 13

    National Academies reports - Growth of Incarceration

    National Academies reports - Growth of Incarceration
    The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
  • Apr 9

    Evidence-Based Practice in Criminal Defense

    Evidence-Based Practice in Criminal Defense
    This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense,  Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
  • Apr 3

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

    Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded
    Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website
Rank this Week: 510

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: 537

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
  • 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…
  • Apr 7

    Do Not Take Some Client

    Do Not Take Some Client
    There are many lawyers.  The legal market is constricting. So, lawyers are out aggressively seeking new clients and new areas of law to represent.  Yet here I stand telling you not so fast – some clients just do not deserve…
  • Mar 18

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official

    Vermont Adopts “Bad Faith” Standard for Personal Liability of Public Official
    On March 11, 2016 the Vermont Supreme Court issued a unanimous decision absolving the City of Burlington’s former Chief Administrative Officer, Jonathan Leopold, of personal liability for authorizing the expenditure of City funds to…
Rank this Week: 576

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
  • Apr 14

    The 2015 edition of the California Litigation Review is Out

    The 2015 edition of the California Litigation Review is Out
    The 2015 edition of the California Litigation Review hit my mailbox yesterday. It is published by the Litigation Section of the California State Bar and it has some terrific coverage of appeals and writs developments last year . . . and…
  • Apr 13

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?

    Will a death penalty initiative make it easier to obtain Supreme Court review of your civil case?
    Death penalty cases can be automatically appealed to the Supreme Court, but a mere civil litigant has to ask the supreme court — convince it, really — to review its case. The odds are terrible; only about 1 in…
  • Mar 31

    Insight into the Supreme Court’s decisions on whether to hear case

    Insight into the Supreme Court’s decisions on whether to hear case
    The Los Angeles Times has a story today on Justice Goodwin Liu, or, more particularly, on how his two recent lengthy dissents from orders denying review give some insight into what the court’s reasoning was. Usually, an order…
Rank this Week: 598

Austin Personal Injury Blog

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/
  • Jun 12

    Do Personal Injury Lawyers Make A Difference?

    Do Personal Injury Lawyers Make A Difference?
    One of my favorite things is disbursements — giving clients their checks from settlements or judgments. Today, I’m making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can…
  • Jun 12

    Eagle Ford Shale and Trucking Accident

    Eagle Ford Shale and Trucking Accident
    The past two weekends, I’ve had to make working trips to the Texas coast (and I didn’t even see the beach on either trip).  The one thing that struck me on the drives was the increase in traffic, especially trucking traffic.
  • Jun 11

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie

    Motorcycle Accidents: ROT Rally Motorcycle Fatalitie
    Austin’s annual Republic of Texas (ROT) Rally has come and gone, and again we’ve had too many motorcycle fatalities.   This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a…
Rank this Week: 611

Translation For Lawyers

Translation For Lawyers

Covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/
Rank this Week: 685

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • May 23

    Medical Device Injuries: FDA Data Reveals Increasing Risk

    Medical Device Injuries: FDA Data Reveals Increasing Risk
    The FDA receives thousands of reports each year detailing the deaths, serious injuries, and malfunctions associated with medical... Read More The post Medical Device Injuries: FDA Data Reveals Increasing Risk appeared first on The Expert…
  • May 23

    Communication Breakdowns in the Emergency Department as a Source of Malpractice

    Communication Breakdowns in the Emergency Department as a Source of Malpractice
    It is well-known that medical errors are common across the Unites States healthcare system, and many of these... Read More The post Communication Breakdowns in the Emergency Department as a Source of Malpractice appeared first on The Expert…
  • May 17

    Best Practices for Avoiding Expert Witness Disqualification

    Best Practices for Avoiding Expert Witness Disqualification
    As is the case with attorneys, conflict of interests may disqualify an expert witness from testifying on behalf... Read More The post Best Practices for Avoiding Expert Witness Disqualification appeared first on The Expert Institute.
Rank this Week: 642

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: 680

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/
  • May 17

    More Sober Homes Mean More Chances to Scam the Government

    More Sober Homes Mean More Chances to Scam the Government
    The national epidemic of addiction to painkillers, heroin and a host of synthetic drugs has fueled the demand for all aspects of addiction treatment, including sober homes.  As of 2015, Florida had an estimated 1,200 sober homes housing…
  • May 16

    Medicare Overpaid $14.1 Billion to Medicare Advantage Plan

    Medicare Overpaid $14.1 Billion to Medicare Advantage Plan
    The Government Accountability Office recently released a report finding that Medicare paid out $14.1 billion to private insurance companies for improper claims in 2013 alone.  The report, entitled “Medicare Advantage: …
  • May 6

    South Florida — Ground Zero for Medicare Part D Fraud

    South Florida — Ground Zero for Medicare Part D Fraud
    South Florida is ground zero for Medicare fraud.  Again. This time it’s Medicare Part D fraud.  Medicare Part D went into effect in 2006 as a means of providing prescription drug coverage to Medicare beneficiaries.  …
Rank this Week: 716

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
  • Mar 15

    Countering Violent Extremism & Mobile Advocacy in Myanmar

    Countering Violent Extremism & Mobile Advocacy in Myanmar
    Cross-posted from the ICT4Peace Foundation’s website. ### I was invited to take part in Tech Camp 2016, held at Phandeeyar, where I talked about and trained on mobile advocacy and activism strategies. Calling on the work engineered in…
  • Feb 26

    Operationalizing Peace Operations Reform

    Operationalizing Peace Operations Reform
    Clearing the Decks After a Year of Reviews: Operationalizing Peace Operations Reform, organised by ZIF, the Centre for International Peace Operations, was held from 25 – 26 February just outside of Berlin. Agenda here. I was asked to…
  • Dec 17

    Technology and Public Participation – What’s New?

    Technology and Public Participation – What’s New?
    Via ConstitutionNet’s website. ### Sanjana Hattotuwa of the ICT4Peace Foundation speaks about the key characteristics and functionalities of the internet, social media and mobile technologies which have changed our world, and which…
Rank this Week: 667

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: 707

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Jun 28

    Join The Contingency

    Join The Contingency
    Dear Blawgletterati Member, You, a special person You belong to an elite group – the highly intelligent readers of Blawgletter, one of the 10 all-time most popular Trials and Litigation law blogs on Justia. With Blawgletter’s farewell,…
  • Jun 16

    Blawgletter® Has Moved!

    Blawgletter® Has Moved!
    Blawgletter® has moved to a new location, and is now The Contingency. You will be redirected shortly.
  • Jun 14

    DNA and Pricing Patents Fall to Mayo and Alice

    DNA and Pricing Patents Fall to Mayo and Alice
    Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…
Rank this Week: 704

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
  • May 24

    A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian

    A Texas Court Enforces an 18-month, 50-mile non-compete against a Texas Veterinarian
    The Fort Worth Court of Appeals recently upheld an injunction enforcing an 18-month, 50-mile non-compete against a veterinarian, who accepted a job with a competing veterinary clinic within the 50-mile radius of her former employer. In…
  • May 18

    Breaking News: Millions of Employees Will Be Entitled to Overtime Pay Starting This December

    Breaking News: Millions of Employees Will Be Entitled to Overtime Pay Starting This December
    Under a new rule announced by the White House yesterday, anybody making a salary of less than $47,476 ($913 a week) will automatically qualify for overtime pay when they work more than 40 hours a week. The current threshold is $23,660 (or…
  • May 11

    Breaking News: President Obama Signs Trade Secrets Bill Into Law

    Breaking News: President Obama Signs Trade Secrets Bill Into Law
    Today, President Obama signed into law S. 1890, which will allow companies to sue entities in federal court over allegations of trade secrets theft. Previously, the Senate passed the bill 87-0 on April 4, and the House cleared it…
Rank this Week: 782

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • May 18

    Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case

    Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
    Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert.  The court denied the motion to exclude. Facts: This case…
  • May 2

    Police Practices Expert Testimony Partially Allowed

    Police Practices Expert Testimony Partially Allowed
    Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned.  The defendants challenged the expert witness testimony…
  • Apr 25

    North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Result

    North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Result
    Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired.  The appeals court overturned the opinion and ordered a new trial. Facts – This…
Rank this Week: 770

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • May 4

    Expert Witness Testimony in Death Cases Jeopardized in LA County with recent departure of County Coroner

    Expert Witness Testimony in Death Cases Jeopardized in LA County with recent departure of County Coroner
    Citing lack of personnel and resources, as well as a backlog in cases, Chief Medical Examiner-Coroner Dr. Mark Fajardo suddenly announced his resignation from the LA County Coroner’s office in March 2015.  Over 8,500 autopsies are…
  • Apr 14

    New Attorney Directory and International Listing

    New Attorney Directory and International Listing
    Courtroom Insight is proud to announce the launch of our new attorney directory and international functionality.  Clients may now use our powerful knowledge management system to share information about attorney referrals and/or opposing…
  • Mar 9

    Learn More About Daubert Challenges at Courtroom Insight

    Learn More About Daubert Challenges at Courtroom Insight
    Our previous analyses of Daubert Challenges reveal different success rates by jurisdiction and by expert profession.  Every challenge has unique facts and circumstances, however a careful analysis of prior challenge rulings by the court…
Rank this Week: 741

Sui Generis--a New York law blog

Sui Generis--a New York law blog

Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.

http://nylawblog.typepad.com/suigeneris/
  • May 3

    Join Me In NYC On 5/9 At NASDAQ To Celebrate Law Day

    Join Me In NYC On 5/9 At NASDAQ To Celebrate Law Day
    Next week on May 9th I'll be in NYC with MyCase and the ABA. I hope you can join me to celebrate Law Day--with a focus on the importance of the Miranda decision and preserving our constitutional rights--at an event hosted by MyCase at NASDAQ…
  • Apr 29

    New Jersey Court On Ethical Implications Of Lawyers Mining Social Media

    New Jersey Court On Ethical Implications Of Lawyers Mining Social Media
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** New Jersey Court On Ethical Implications Of Lawyers Mining Social Media I’ve written many times in the past about how lawyers can…
  • Apr 28

    Lawyers and Social Media in 2016

    Lawyers and Social Media in 2016
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Lawyers and Social Media in 2016 Social media has been part of our daily lives for nearly a decade. At first, many lawyers were skeptical,…
Rank this Week: 798