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SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 30

    Petition of the day

    Petition of the day
    The petition of the day is: Walker v. Texas Division, Sons of Confederate Veterans, Inc. 14-144 Issue: (1) Whether the messages and images that appear on state-issued specialty license plates qualify as government speech immune from…
  • Oct 30

    Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act

    Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act
    The Supreme Court has long ignored Justice Felix Frankfurter’s warning to stay out of the political thicket. It regularly hears challenges to redistricting cases (not to mention lots of other types of election cases), raising issues…
  • Oct 30

    Thursday round-up

    Thursday round-up
    Briefly: In the ABA Journal, Mark Walsh previews next week’s oral argument in Yates v. United States, in which the Court will consider the case of a commercial fisherman convicted of violating the anti-shredding provision of the…
Rank this Week: 11

ICT for Peacebuilding

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com
  • Sep 17

    Technology: Progress and Potential

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

    Technology: Progress and Potential

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

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
Rank this Week: 26

Information Governance Engagement…

Information Governance Engagement Area

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

http://infogovernance.blogspot.com/
  • Oct 24

    Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)

    Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)
    The Cartoon and Clip of the Week for October 24, 2014Daily we read, see and hear more and more about the cost, time and complexity factors that impact information governance and eDiscovery sourcing decisions. This week’s…
  • Oct 18

    Top 10 Reasons to Use Visual Classification

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

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

    Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)
    The Cartoon and Clip of the Week for October 17, 2014Daily we read, see and hear more and more about technology developments that impact the areas of information governance and electronic discovery. This week’s cartoon and clip…
Rank this Week: 31

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
  • Oct 29

    The French Cour de cassation and the « Thalys babies »

    The French Cour de cassation and the « Thalys babies »
    I am glad to post this comment by F. Mailhé, Associate Professor Paris 2, Panthéon-Assas On September 22, 2014, the French Cour de Cassation (Supreme Court for civil and criminal matters) published two prejudicial opinions on…
  • Oct 28

    The Evolution of European Private International Law – Coherence, Common Values and Consolidation

    The Evolution of European Private International Law – Coherence, Common Values and Consolidation
    The last decade has seen a number of important legislative developments in the field of European private international law and cross-border litigation, including the Rome I-III Regulations, the Brussels I (Recast) and Brussels II bis…
  • Oct 28

    Notice: 35 Years CISG and Beyond in Basel

    Notice: 35 Years CISG and Beyond in Basel
    The University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL are hosting a conference with the title 35 Years CISG and Beyond. The conference will take place on 29 and 30 January 2015 at the University of Basel.…
Rank this Week: 37

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 30

    "NY State blesses 'incest' marriage between uncle, niece"

    "NY State blesses 'incest' marriage between uncle, niece"
    "NY State blesses 'incest' marriage between uncle, niece": The New York Post has an article that begins, "The state's highest court has toppled a cultural taboo -- legalizing a degree of incest, at least between an uncle and niece -- in a…
  • Oct 30

    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study."

    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study."
    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study." Law professor Todd E. Pettys has posted this article online at SSRN (via "Legal Theory Blog").
  • Oct 30

    "How the Supreme Court Should Resolve Zivotofsky"

    "How the Supreme Court Should Resolve Zivotofsky"
    "How the Supreme Court Should Resolve Zivotofsky": Jack Goldsmith has this post today at the "Lawfare" blog. And today at "Just Security," Marty Lederman has a post titled "The Article I argument in Zivotofsky."
Rank this Week: 39

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

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

    Single Event Exception Includes Multiple Events Caused by a Significant Occurance

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

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

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

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

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

California Punitive Damages

California Punitive Damages

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

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

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Oct 30

    Accentuate the Positive in Judicial Elections — and Adhere to the Affirmation

    Accentuate the Positive in Judicial Elections — and Adhere to the Affirmation
      As the song goes: You’ve got to accentuate the positive Eliminate the negative And latch on to the affirmative Don’t mess with Mister In-Between When it comes to judicial elections, keeping politics out is accentuating…
  • Oct 30

    Blue Cross et al. v. Wells Fargo: Taking It Up On Appeal to the Eighth Circuit

    Blue Cross et al. v. Wells Fargo: Taking It Up On Appeal to the Eighth Circuit
    Update (October 30, 2014): The notice of appeal filed yesterday will come as no surprise in Blue Cross v. Wells Fargo, in which the plaintiffs, represented by Robins Kaplan Miller & Ciresi, lost at trial before a jury and…
  • Oct 29

    Judicial Elections on Tuesday: Helping Our Voter

    Judicial Elections on Tuesday: Helping Our Voter
    Around this time of the year, Minnesota lawyers are starting to receive questions from the most diligent voters. Who is running for judge and who should they vote for? This year is particularly challenging since the League of Women Voters…
Rank this Week: 103

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • Oct 29

    New OCSC website for Appellate info

    New OCSC website for Appellate info
    Orange County Superior Court has launched a new webpage to provide information about appeals. News release is here and the new Appeals Webpage is here.Today's DJ features another article by Justice Hoffstadt, this one titled "Deputizing…
  • Oct 24

    Vote to Retain 2d District Justice

    Vote to Retain 2d District Justice
    The Los Angeles County Bar Association urges the electorate to vote to retain the eleven 2d District Justices in the November 4 election. That's probably not news to this blawg's readers, but please share this information with all your…
  • Oct 24

    Funny Stuff

    Funny Stuff
    At SCAN, we realize our readers expect only a serious tone in addresses appellate items. For that reason, we've held off (until now) linking to the Justices-as-dogs bit that's been all over the internet (and on blawgs like How Appealing, ABA…
Rank this Week: 106

Structured Settlements 4Real

Structured Settlements 4Real

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

http://structuredsettlements.typepad.com/structured_settlements_4r/
  • Oct 30

    Genex Capital's Bronze Award, Again

    Genex Capital's Bronze Award, Again
    This is the same award that about which Genex CEO Roger Proctor was "cock-a-hoop" in 2009. Clearly Genex Capital (in one form or another) solicits business in the State of Connecticut. End of story. This is a content summary only. Please…
  • Oct 30

    4structures.com LLC Voted Best in Connecticut for Structured Settlements 2014

    4structures.com LLC Voted Best in Connecticut for Structured Settlements 2014
    The readers of the Connecticut Law Tribune have voted 4structures.com LLC Best in Connecticut for structured settlements for the 7th consecutive year. This is a content summary only. Please click on the title for the full content which…
  • Oct 29

    Life Heath Pro Contradicts Itself in Misdirected Structured Settlement "Stoning"

    Life Heath Pro Contradicts Itself in Misdirected Structured Settlement "Stoning"
    The "stoning" of structured settlements is a misdirection. Structured settlements were not the problem with ELNY and they are not the problem. To generalize that structured settlements were the... This is a content summary only. Please click…
Rank this Week: 117

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Oct 29

    Studies Again Show Dangerous Doctors Bigger Problem Than Defensive Medicine

    Studies Again Show Dangerous Doctors Bigger Problem Than Defensive Medicine
    If I told you that, every week, between 4,200 and 8,400 people were poisoned by contaminated food, would you say restaurants needed special protection from negligence lawsuits because fear of such lawsuits would force them to clean too much?…
  • Oct 20

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

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

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

    Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think
    © Max Kennerly. The original for this post is Walmart’s Answer To Tracy Morgan’s Lawsuit Is Worse Than You Think at Litigation & Trial Lawyer Blog.Back in June, I wrote a short post on the fatal accident involving a…
Rank this Week: 153

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: 175

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Oct 29

    The Latest on Ethical Issues With Use of Social Media by Attorneys and Their Client

    The Latest on Ethical Issues With Use of Social Media by Attorneys and Their Client
    Here is a LINK to an October 28, 2014 article by Daniel J. Siegel that appeared in the Pennsylvania Law Weekly entitled "PBA Ethics Committee Issues Social Media Guidance" which outlines ethical opinions offered up by the Philadelphia…
  • Oct 28

    Which Tort Option Applies?

    Which Tort Option Applies?
    In his recent decision in the case of Edgington v. Abersold, PICS Case No. 14-1630 (C.P. Lawrence Co. Sept. 24, 2014 Piccione, J.), Judge Thomas M. Piccione addressed the issue of determining a Plaintiff’s tort coverage where more…
  • Oct 24

    PBI's 21st Annual Auto Law Update CLE Seminar a Week Away

    PBI's 21st Annual Auto Law Update CLE Seminar a Week Away
    I will be presenting on the topic of "The Latest in Bad Faith" at the PBI's 21st Annual Auto Law Update CLE Seminar set to take place on October 31, 2014.  The program begins at noon.If interested in registering to attend the live…
Rank this Week: 182

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

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: 211

Class Action Blog

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Packman, Nealon, Scialabba & Baker P.C.

http://classactionblog.mpnsb.com/
  • Mar 26

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)

    Court Certifies Drivers’ Claims Against PJPA (Papa John’s Pizza)
    The Court conditionally certified Meiselman Packman Nealon Scialabba & Baker P.C.’s federal lawsuit against PJPA, LLC a Papa John’s Pizza franchisee in Pennsylvania, New Jersey and Delaware.  As a result of the…
  • Mar 14

    McDonald’s And Other Food Chains May Be Underpaying Employee

    McDonald’s And Other Food Chains May Be Underpaying Employee
    Many fast food restaurants require their employees to purchase uniforms and/or clean their uniforms at their own costs.  However, employees should be reimbursed for the cost of purchasing and cleaning their uniforms.  In a recent…
  • Mar 10

    Tom’s Natural Toothpaste May Not Actually Be Natural

    Tom’s Natural Toothpaste May Not Actually Be Natural
    Consumers in the U.S. rely on labels that say “natural” when purchasing products such as toothpastes.  Consumers are even willing to pay extra money to buy products that are labeled “natural”.  Unfortunately,…
Rank this Week: 217

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Oct 29

    BitTorrent: Motion to Quash is Not a Proper Vehicle for Severing Doe

    BitTorrent: Motion to Quash is Not a Proper Vehicle for Severing Doe
    Site B v. Does 1-51, No. 13 C 5295, Slip Op. (N.D. Ills. Mar. 7, 2014) (Leinenweber, Sen. J.). Judge Leinenweber denied Doe 39′s motion to quash a pre-discovery subpoena in this BitTorrent case involving the motion picture “Under…
  • Oct 27

    Fair Use & Likelihood of Confusion Doom Lanham Act Claim

    Fair Use & Likelihood of Confusion Doom Lanham Act Claim
    Sorenson v. WD-40 Co., No. 12 C 50417, Slip Op. (N.D. Ill. Sep. 9, 2014) (Kapala, J.). Judge Kapala granted defendant WD-40 summary judgment as to plaintiff’s Lanham Act and related state law claims regarding plaintiff’s THE…
  • Oct 24

    Final Invalidity Contentions May Not be Amended to Add Nautilus-Based Indefiniteness Claim

    Final Invalidity Contentions May Not be Amended to Add Nautilus-Based Indefiniteness Claim
    R-Boc Reps., Inc. v. Minemyer, No. 11 C 8433, Slip Op. (N.D. Ill. Cole, Mag. J.). Judge Cole denied plaintiff R-Boc’s motions to amend its Final Invalidity Contentions with an allegedly new theory regarding the phrase…
Rank this Week: 221

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Oct 30

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

    Searching For Corruption Proceeds & Other Assets On The Island Of Jersey
    At Carmelite Chambers International Fraud & Assert Recovery Conference, I met Advocate & English Barrister Stephen Baker of Baker & Partners from St. Helier, Jersey.  During the Conference, Mr. Baker presented his…
  • Oct 6

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

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

    Recovering Assets By Identifying & Immobilizing Them

    Recovering Assets By Identifying & Immobilizing Them
    Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra- high net worth divorce to a forced collection proceeding against a debtor. The abstract about “Suspending Suspicious…
Rank this Week: 248

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Oct 30

    Judge Allows Suits Against Former Dewey Partners to Continue

    Judge Allows Suits Against Former Dewey Partners to Continue
    A NY bankruptcy judge is refusing to dismiss suits made against several Dewey & LeBoeuf LLP partners who are seeking close to $16 million on the now-defunct law firm’s creditors. Under the NY state law, any finances the partners were…
  • Oct 30

    Gerber Accused of Deceiving Parents on Baby Formula

    Gerber Accused of Deceiving Parents on Baby Formula
    The federal government is accusing America’s largest baby food maker of misleading parents on the health advantages of one of its baby formula products. In a recent complaint this week, the Federal Trade Commission blamed Gerber Products…
  • Oct 27

    Legal Experts Debating on NJ’s Ebola Quarantine Policy

    Legal Experts Debating on NJ’s Ebola Quarantine Policy
    Chris Christie, an NJ governor, recently indicated that a nurse currently held in a Newark hospital would be given a chance to leave the state and sent to her home in Maine. Christie, who was heavily criticized after Kaci Hickox, a nurse, was…
Rank this Week: 263

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Oct 26

    Tennessee Law of Civil Trial - Book Review

    Tennessee Law of Civil Trial - Book Review
    Jason Lee has reviewed my book, Tennessee Law of Civil Trial, on his Tennessee Defense Litigation blog. Some highlights: The way I would characterize this book is it is a practical guide to the ins and outs of trial…
  • Oct 23

    Reasoning Required in Tennessee Trial Court's Summary Judgment Order

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

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

    Orders on Motions for Summary Judgment - Rubber-Stamping Not Allowed
                This summer the Tennessee Supreme Court offered guidance on what a trial court must do when granting or denying a motion for summary judgment under Tenn. R. Civ. P. 56.04. Despite…
Rank this Week: 279

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

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

http://lawprofessors.typepad.com/civpro/
  • Oct 16

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

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

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

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

    The Advisory Committee's Gargantuan New Agenda

    The Advisory Committee's Gargantuan New Agenda
    Far from resting on its laurels after pushing through the latest round of defense-oriented amendments to the FRCP, the Advisory Committee on Civil Rules continues its assault. This time, among many other things, it's tackling class actions…
Rank this Week: 280

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    How Many Lawyer Ranking Services Do We Need?

    How Many Lawyer Ranking Services Do We Need?
    When I started practicing, when it came to lawyer ratings there was pretty much Martindale-Hubbell and nothing else. Perhaps there were other services at the time. But Martindale-Hubbell ratings were a big deal compared to anything else. In…
  • Oct 27

    Bar Tribunal Eviscerates Jury Verdict Against Mississippi Attorney

    Bar Tribunal Eviscerates Jury Verdict Against Mississippi Attorney
    In 2010 I posted about a jury verdict for fraud against McComb lawyers Thomas Brock and William Guy. Here is the post and a related post about a ruling on a motion for attorney’s fees in the case. From my 2010 post: The trial involved…
  • Oct 22

    $4.5 Million Verdict in Hinds County Product Liability Case

    $4.5 Million Verdict in Hinds County Product Liability Case
    A few weeks ago a Hinds County jury rendered a verdict of $4,568,116 in Walls v. Williams-Pyro, Inc. The trial involved a fire suppression device that attached underneath stove vent hoods. The device activates when flames from a stove top…
Rank this Week: 291

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Oct 30

    Jotwell Legal Scholarship Conference Next Week

    Jotwell Legal Scholarship Conference Next Week
    Our 5th Anniversary conference on “Legal Scholarship We Like and Why It Matters” is coming up late next week. In the United States, the role of scholarship is under assault in contemporary conversations about law schools;…
  • Oct 29

    Exhausting Regulatory Arbitrage

    Exhausting Regulatory Arbitrage
    Annelise Riles, Managing Regulatory Arbitrage: A Conflict of Laws Approach, 47 Cornell Int'l. L.J. 63 (2014).Anna GelpernA recent gathering of regulators opened with a round of congratulations: bailouts were history, bail-ins were…
  • Oct 28

    Appealing to Injustice

    Appealing to Injustice
    William M. Richman & William L. Reynolds, Injustice on Appeal: The United States Courts of Appeals in Crisis (2013).Steve VladeckProfessors William M. Richman and William L. Reynolds have been writing about the “crisis” facing…
Rank this Week: 323

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: 334

Angel Reyes Blog

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/
  • Jul 30

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?

    Robotic Surgery by da Vinci - Masterpiece or Major Mistake?
      Most of us have experienced the anxiety and frustration of a computer, smartphone, iPad or other device malfunctioning. But what would we do if our lives depended on an electronic device performing perfectly?    
  • Jul 9

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit

    Jury Awards $285,000 in Bellwether Fosamax Lawsuit
      This past Monday, a New York federal judge denied Big Pharma’s Merck & Co Inc.’s attempt to avoid paying $285,000 to plaintiff in a multi-district lawsuit based on the fact that the bone drug Fosamax causes jaw…
  • Jul 8

    Monster Overdose: Are Energy Drinks Killing Teens?

    Monster Overdose: Are Energy Drinks Killing Teens?
    Alex Morris died suddenly this year from cardiac arrest at the age of 19. He habitually drank two cans of Monster Energy® drinks each day for two years. His mother Paula believes energy drinks were the cause and immediately filed a…
Rank this Week: 362

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
Rank this Week: 390

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 398

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Not Everybody Needs A Trust

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

    Not Everybody Needs A Trust

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

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
Rank this Week: 420

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Oct 30

    Contract Manufacturing Expert Witness On Contract Planning Risk

    Contract Manufacturing Expert Witness On Contract Planning Risk
    In Frequent Contract Planning Risks, contract manufacturing expert witness Robert G. Freid writes on the importance of the contract prior to the start of work.- Customers have their greatest negotiating leverage before start of work. Once…
  • Oct 26

    Cross-examining the Expert Witness by Dean Brett Part 3

    Cross-examining the Expert Witness by Dean Brett Part 3
    In The Four Main Advantages of Trial Lawyer against Expert Witness, attorney Dean Brett writes on what he describes as "one of the trial attorney's most difficult tasks." In the first part of this article series on the topic of how to…
  • Oct 21

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay

    Expert Witness Marketing Consultant Rosalie Hamilton On Expert Pay
    In her special report EXPERT PAY DISCUSSION, Rosalie Hamilton, the leading authority on expert witness marketing and founder of Expert Communications, writes: You May Enjoy Your Work, But Don't Work for the Fun of It — Make Sure You…
Rank this Week: 469

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/
  • Oct 23

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

    Videos of U.S. Supreme Court Arguments—at Last!
    On the HBO program Last Week Tonight, John Oliver observed that without video Supreme Court oral arguments are pretty dry, even with courtroom sketches as backdrops. So he proposed that the audio be livened up with video. What video? Dogs!…
  • Aug 7

    Conflicts Among Wash. Court of Appeals Division

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

    Ethics of Advising Marijuana Users and Businesse

    Ethics of Advising Marijuana Users and Businesse
    Under RPC 1.2(d), a "lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal . . ."  Does this cover lawyers advising clients under Washington's new marijuana law, when possession is…
Rank this Week: 489

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: 487

Delaware Business Litigation…

Delaware Business Litigation Report

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

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

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

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

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Oct 30

    Court Of Chancery Denies Fee Request for Lack Of Causation

    Court Of Chancery Denies Fee Request for Lack Of Causation
    In re TPC Group Inc. Shareholders Litigation, C.A. 7865-VCN (October 29, 2014) This is the latest in a series of decisions dealing with the claims of plaintiff stockholders for an attorneys’ fee based on improved consideration received…
Rank this Week: 516

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 505

Northern District of California…

Northern District of California Blog

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

http://www.ndcalblog.com/
  • Oct 7

    Question 5 - The Angry Decedent Strikes Again Will

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

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

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

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

    Question Four: Who wants to be a Dental Hygienist (Contracts, Remedies)
    Question Four is a pretty standard contracts and remedies question.  I score this one as a curveball because you have to untangle the contract mess in order to get to the remedies question.  I provided a pair of pretty good strategies for…
Rank this Week: 564

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Oct 29

    Is that eye witness lying? Let’s just check those P300 brain waves…

    Is that eye witness lying? Let’s just check those P300 brain waves…
    We’ve written before about the inaccuracy of eye witness testimony despite the familiarity of the saying, “I know what I saw!”. But here is newly published research purporting to have been “able to discriminate…
  • Oct 27

    So, potential juror, how much online porn do you watch?

    So, potential juror, how much online porn do you watch?
    We can hear the snickers and gasps now–and likely the immediate objection from (probably) the opposing counsel or (unquestionably) the judge. But not always. So why might this be something you want to know? According to new research in…
  • Oct 24

    Ebola worries? Fear-bola? Who do you believe?

    Ebola worries? Fear-bola? Who do you believe?
    Earlier this month I was on a Wi-Fi and Cable TV enabled flight. Passengers thought it very funny that two of the shows accessible on the cable TV channels were on plane crashes and jetliner engine failures. Well, some of the passengers…
Rank this Week: 582

Beyond Structured Settlements

Beyond Structured Settlements

Covers 468B settlement funds, factoring, medicare set-aside arrangements, settlement planning, special needs trusts and structured settlements. By Patrick Hindert.

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Oct 16

    S2P2J Release 56

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

    ASNP Settlement Planning Webinar Series - 1

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

    Fall 2014 Educational Resource

    Fall 2014 Educational Resource
    During this transitional era for both settlement planning and the primary and secondary structured settlement markets, participating professionals are fortunate to have multiple educational opportunities this Fall to update and expand their…
Rank this Week: 608

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
Rank this Week: 625

California Business Litigation…

California Business Litigation Blog

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

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

    Arizona Teacher Fired for Allegedly Defending Student Against Bullie

    Arizona Teacher Fired for Allegedly Defending Student Against Bullie
    An elementary school teacher with 24 years of experience has been fired in Arizona. Pamela Aister, who was teaching fourth grade at Four Peaks Elementary School, was fired by officials from the Fountain Hills Unified School District after a…
  • Oct 17

    High School Principal Alleges Discrimination

    High School Principal Alleges Discrimination
    Discrimination in the workplace is always a hot topic. Usually, allegations of discrimination are brought by members of a specifically protected group. That's not the case with a recent lawsuit filed in New Jersey. High school principal Mae…
  • Oct 10

    Energy Drinks Leading to Increased Litigation

    Energy Drinks Leading to Increased Litigation
    Deceptive and misleading advertising, deaths and heart attacks are among the claims in lawsuits filed against energy drink makers. Vermont, Washington and Oregon have sued Living Essentials, makers of 5-Hour Energy for “deceptive and…
Rank this Week: 651

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Oct 30

    Contra Proferentem and the Role of the Jury in Contract Interpretation

    Contra Proferentem and the Role of the Jury in Contract Interpretation
    Ethan Leib Steven Thel Abstract (to read the entire article go here): Revisiting Bill Whitford’s work on the role of the jury in contract interpretation and his work on consumer form contracting inspired us to take a careful look at...
  • Oct 29

    Sending out the Jury Summon

    Sending out the Jury Summon
    The USA Today has an interesting article that discusses the various ways jurisdictions summon individuals to jury duty. USA Today: Jumping into the Jury Pool? Why you're There is Random
  • Oct 28

    Reversible Error Not to Allow Voir Dire on Sexual Preferences: Bates v. U.S.

    Reversible Error Not to Allow Voir Dire on Sexual Preferences: Bates v. U.S.
    Interesting unpublished opinion out of the 11th Circuit. A three judge panel in Bates v. U.S. has determined that Cameron Dean Bates is a federal prisoner serving a 240-month sentence after being convicted of eighteen counts of receiving,…
Rank this Week: 696

Ringler Radio - Legal Settlements

Ringler Radio - Legal Settlements

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

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

    A Call for More Consumer Protection Against Factoring

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

    Inside Next Step Bionics & Prosthetic

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

    Litigation Surrounding Driver Fatigue

    Litigation Surrounding Driver Fatigue
    According to the National Highway Traffic Safety Administration, truck driver fatigue is a contributing factor in as many as 30-40% of all crashes involving heavy trucks. Join Ringler Radio host, Larry Cohen, co-host,  John Muir, Esq.…
Rank this Week: 716

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: 680

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: 731

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Oct 30

    Authentication Via Blockchain Technology

    Authentication Via Blockchain Technology
    A block chain is a transaction database shared by all nodes participating in a system based on the Bitcoin protocol. A full copy of a currency's block chain contains every transaction ever executed in the currency. With this information,…
  • Oct 29

    Patently True: Rule 803(8) & the United States Patent and Trademark Office

    Patently True: Rule 803(8) & the United States Patent and Trademark Office
    Today, a student stopped by my office and asked about whether patents are admissible despite the rule against hearsay. My inclination was to respond that they would be admissible under Federal Rule of Evidence 803(8), which provides an…
  • Oct 28

    Show Me, Take 2: Missouri Prosecutor Claims Missouri Has Strictest Limitations on Child Molestation Evidence

    Show Me, Take 2: Missouri Prosecutor Claims Missouri Has Strictest Limitations on Child Molestation Evidence
    Last week, I posted an entry about a proposed Missouri Constitutional Amendment that would, in essence, create a state counterpart to Federal Rule of Evidence 414(a) and allow for the admission of prior acts of child molestation by a…
Rank this Week: 785

Class Action Blog

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields Jorden Burt.

http://www.cfjblaw.com/classactionblog/blog.aspx
  • Oct 30

    Magistrate Permits Defendants to Depose 196 Absent Class Member

    Magistrate Permits Defendants to Depose 196 Absent Class Member
    In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent class…
  • Oct 28

    Court Grants Motion to Strike Class Allegation

    Court Grants Motion to Strike Class Allegation
    In granting a recent motion to strike class allegations, the Northern District of Illinois made two notable observations about such motions: first, they are not disfavored, but rather an appropriate device for determining whether a class…
  • Oct 23

    Pennsylvania District Court Denies Terminated Insurance Agents’ Bid for Certification

    Pennsylvania District Court Denies Terminated Insurance Agents’ Bid for Certification
    The Eastern District of Pennsylvania denied plaintiffs’ motion to certify certain issues under Rule 23(c)(4) and 23(b)(2), holding that the presence of numerous individualized questions, choice-of-law concerns, and other inefficiencies…
Rank this Week: 836

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
Rank this Week: 822