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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: 284

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 31

    Nevada Parents Sue School District Over Failure to Report Bullying

    Nevada Parents Sue School District Over Failure to Report Bullying
    Nevada parents Jennifer and Jason Lamberth thought everything was going well with their 13 year-old daughter, Hailee. She was enrolled as a seventh grader at White Middle School in Henderson. The day that her life came to a tragic end, she…
  • 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…
Rank this Week: 224

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Oct 31

    Diane Rehm to Discuss Jury Duty on Monday (Nov 3rd)

    Diane Rehm to Discuss Jury Duty on Monday (Nov 3rd)
    The Diane Rehm Show will discuss jury duty on Monday Nov 3rd. The jury is a key component of our justice system. Some studies even say the experience of sitting on a jury can lead to further civic engagement. But...
  • Oct 31

    Aaron Hernandez Change of Venue Motion Denied

    Aaron Hernandez Change of Venue Motion Denied
    This week the change of venue motion filed by Aaron Hernandez was denied by the judge hearing his case. As most are aware, former New England Patriots tight end Aaron Hernandez is on trial for the 2013 killing of Odin...
  • 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...
Rank this Week: 935

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 31

    Editor’s Note

    Editor’s Note
    On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits. Our list of “Petitions to watch for that Conference is here.
  • Oct 31

    Argument preview: How much control do agencies have over what whistleblowers may disclose?

    Argument preview: How much control do agencies have over what whistleblowers may disclose?
    The legal issue the Justices will confront on Tuesday when they hear oral argument in Department of Homeland Security v. MacLean is easy enough to describe: When a federal statute bars whistleblowers from making disclosures that are…
  • Oct 31

    SCOTUS for law students: Reargument

    SCOTUS for law students: Reargument
    Few procedures at the Supreme Court are more mysterious than the decision to reargue a case. Rearguments are rare among the approximately seventy cases that are argued each Term. Even rarer is any discussion or explanation of the process by…
Rank this Week: 11

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 31

    "Why Innocent People Plead Guilty"

    "Why Innocent People Plead Guilty"
    "Why Innocent People Plead Guilty": Senior U.S. District Judge Jed S. Rakoff (S.D.N.Y.) has this essay in the November 20, 2014 issue of The New York Review of Books.
  • Oct 31

    "Apple's Cook signals front line of new gay rights battle"

    "Apple's Cook signals front line of new gay rights battle"
    "Apple's Cook signals front line of new gay rights battle": Dan Levine and Fiona Ortiz of Reuters have an article that begins, "In his essay coming out as gay, Apple Chief Executive Tim Cook criticized an Arizona proposal that would have…
  • Oct 31

    "Husband's Arrest in India Tests Colonial-Era Sex Law"

    "Husband's Arrest in India Tests Colonial-Era Sex Law"
    "Husband's Arrest in India Tests Colonial-Era Sex Law": This article appears in today's edition of The New York Times.
Rank this Week: 45

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 31

    The Supreme's LA Calendar for December

    The Supreme's LA Calendar for December
    December means: The Supremes are comin' to Town..SUPREME COURT OF CALIFORNIAORAL ARGUMENT CALENDARLOS ANGELES SESSIONDECEMBER 2, 2014The following cases are placed upon the calendar of the Supreme Court for hearing at its courtroom in the…
  • 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…
Rank this Week: 57

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 31

    Stone Street Capital Needs "Bail Out" from Watchdog

    Stone Street Capital Needs "Bail Out" from Watchdog
    Stone Street Capital gets bailed out by the structured settlement watchdog after a very sad attempt at limerick. This is a content summary only. Please click on the title for the full content which includes a library of over 4,000 posts, a…
  • Oct 31

    Is There New Fruit in Peachtree Settlement Funding Orchard?

    Is There New Fruit in Peachtree Settlement Funding Orchard?
    Other than membership in NASP, is there any formal business relationship between Seneca One, DRB, JG Wentworth, Nupoint Funding LLC and Stone Street Capital? This is a content summary only. Please click on the title for the full content which…
  • 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…
Rank this Week: 102

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 31

    Latest Issue of “Praxis des Internationalen Privat- und Verfahrensrechts” (6/2014)

    Latest Issue of “Praxis des Internationalen Privat- und Verfahrensrechts” (6/2014)
    The latest issue (November/December) of the German law journal “Praxis des Internationalen Privat- und Verfahrensrechts” (IPRax) contains the following articles: Rolf Wagner: “The new programme in the judicial cooperation in…
  • Oct 31

    Call for Application for Max Planck Scholarships (2015)

    Call for Application for Max Planck Scholarships (2015)
    The Max Planck Institute Luxembourg offers a limited number of research scholarships for foreign scholars to support their research stay at the Institute. For further information on eligibility and application instructions please click here.
  • Oct 30

    Revista de Arbitraje Comercial y de Inversiones, 2014 (3)

    Revista de Arbitraje Comercial y de Inversiones, 2014 (3)
    The last issue of Arbitraje. Revista de Arbitraje Comercial y de Inversiones, 2014 (3), has just been released. Although contributions are in Spanish, most provide for an abstract in English; I reproduce them below. The Journal also offers a…
Rank this Week: 42

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
  • Oct 31

    Iowa Supreme Court Questions Constitutionality of 2-Way Video Conferencing in Court

    Iowa Supreme Court Questions Constitutionality of 2-Way Video Conferencing in Court
    The Sixth Amendment gives us the right to “be confronted with the witnesses against [us].” This is a rule that the U.S. Supreme Court has upheld with few exceptions. The idea is that it is harder for someone to lie if they are…
  • Oct 20

    Expert Witness Fails to Complete Work, Overcharges and then Sues Plaintiffs’ Counsel

    Expert Witness Fails to Complete Work, Overcharges and then Sues Plaintiffs’ Counsel
    Ronald Harstad, a professor at the University of Missouri, was retained as an expert witness to calculate damages in a class action lawsuit. The case revolved around “alleged misrepresentations in the sale and marketing of prepaid…
  • Oct 8

    Check out Mark Torchiana’s Interview with Expert Witness Forum

    Check out Mark Torchiana’s Interview with Expert Witness Forum
    Our Co-founder and CEO, Mark Torchiana, recently spoke with Expert Witness Profiler about Courtroom Insight’s innovative knowledge management solution. The interview focused on the history and development of Courtroom Insight. When…
Rank this Week: 1888

Litigation Consulting Report

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/
  • Oct 31

    Phone Surveys Aren't What They Used To Be

    Phone Surveys Aren't What They Used To Be
      by Laurie R. Kuslansky, Ph.D.Managing Director, Jury ConsultingA2L Consulting Research has shown that a variety of individuals are not fully represented in telephone surveys, especially Democrats,[1] the young, nonwhite, and urban…
  • Oct 29

    The 5 Very Best Reasons to Conduct a Mock Trial

    The 5 Very Best Reasons to Conduct a Mock Trial
      by Kaitlin Rothstein A2L Consulting Have you ever noticed that when you have someone else take a look at a problem or help edit a document, they find another way to address the issue or find additional areas that can be…
  • Oct 28

    [New and Free E-Book] Litigation Storytelling and Persuasion - 3rd Ed.

    [New and Free E-Book] Litigation Storytelling and Persuasion - 3rd Ed.
      by Ken LopezFounder/CEOA2L Consulting A successful trial lawyer is one who is able to persuade a jury or judge of the truth of his or her client’s case. In order to do that, a lawyer must connect with people on an emotional…
Rank this Week: 3660

ClassActionBlawg.com

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com
Rank this Week: 4408

CEB blog

CEB blog

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

http://blog.ceb.com
  • Oct 31

    Make These 4 Assumptions about Cybersecurity

    Make These 4 Assumptions about Cybersecurity
    It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to manage that…
  • Oct 29

    Should You Move for Mistrial?

    Should You Move for Mistrial?
    Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like…
  • Oct 27

    Keeping Tabs on a Bad Neighbor

    Keeping Tabs on a Bad Neighbor
    When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from keeping tabs to…
Rank this Week: 2674

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/
  • Oct 31

    Hospital System Agrees to Settle False Claims Act Case

    Hospital System Agrees to Settle False Claims Act Case
    Dignity Health (“Dignity”), formerly known as Catholic Healthcare West, has agreed to settle allegations by a whistleblower in a qui tam lawsuit that 13 of its hospitals submitted false claims to Medicare and TRICARE in violation…
  • Oct 24

    DaVita to Pay $389 Million to Resolve Kickback Allegation

    DaVita to Pay $389 Million to Resolve Kickback Allegation
    The Department of Justice announced that DaVita Healthcare Partners, Inc. (“DaVita”) has agreed to settle allegations that it violated the False Claims Act and the Anti-Kickback Statute for $350 million, plus the civil forfeiture…
  • Oct 17

    Boeing Settles False Claims Act Case for $23 Million

    Boeing Settles False Claims Act Case for $23 Million
    The Justice Department announced that the Boeing Company has agreed to settle four whistleblowers’ qui tam claims alleging violations of the False Claims Act.  Boeing has agreed to pay the federal government $23 million to resolve…
Rank this Week: 631

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Oct 31

    HAPPY HALLOWEEN

    HAPPY HALLOWEEN
     Why did the game warden arrest the ghost?  The ghost didn't have a haunting license. Why don't lawyers and mummies take vacation?  They're both afraid to relax and unwind. What happened to the guy who…
  • Oct 31

    Pennsylvania Supreme Court Declines Opportunity to Review Important Voir Dire Issue

    Pennsylvania Supreme Court Declines Opportunity to Review Important Voir Dire Issue
    According to an October 30, 2014 article by P.J. D'Annunzio in The Legal Intelligencer entitled "Pa. Justices Deny Appeal in Juror Bias Med Mal Case," the Pennsylvania Supreme Court has issued an Order declining to entertain the appeal from…
  • 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…
Rank this Week: 172

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Oct 31

    A Vampire Lawyer Novel For Halloween: Vampire Esquire, by Michael Wells, Jr.

    A Vampire Lawyer Novel For Halloween: Vampire Esquire, by Michael Wells, Jr.
    As far as I can tell, there has never been a book about a vampire lawyer. In Dracula, Jonathan Harker was a solicitor while "lawyer" was one of the many hats that Abraham Van Helsing wore. But both of these...
  • 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…
Rank this Week: 1275

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 31

    Legal commentary on CBS 6 o’clock new

    Legal commentary on CBS 6 o’clock new
    The lead story on the 6 o’clock news featured Dallas County Judge Clay Jenkins, Dallas Mayor Mike Rawlings, and me. Here is the video:
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
Rank this Week: 3250

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Oct 31

    Male? Don’t watch comedy videos prior to trial presentations…

    Male? Don’t watch comedy videos prior to trial presentations…
    Many have written about men being over-confident in comparison to women–although all of us may be more confident in our abilities than we generally should be. Prior research has shown us that men are more confident than women, and that…
  • 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…
Rank this Week: 787

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Oct 31

    Now You See It. Now You Don’t. Now You Do Again: Federalism and the High Cost of Civil Litigation….

    Now You See It. Now You Don’t. Now You Do Again: Federalism and the High Cost of Civil Litigation….
    What makes civil litigation expensive? Well, one thing that makes fighting expensive is fighting about where you are going to fight. Best Buy promised employees of MindSHIFT something of value if the MindSHIFT employees stuck around for three…
  • Oct 31

    Deja Deja Vu Vu All Over (And Over, And Over) Again

    Deja Deja Vu Vu All Over (And Over, And Over) Again
    Lawyers from one of the most prestigious law firms on earth (Jones Day (Chicago office)) get a run in their silk stockings by pleading that an L.L.C. is “incorporated in Delaware.” It has been a little while since…
  • 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…
Rank this Week: 84

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 31

    Salarization’s Impact on Governmental Legitimacy

    Salarization’s Impact on Governmental Legitimacy
    Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013).Linda JellumAs a member of the ABA Administrative Law and Regulatory Practice Section’s Scholarship Award Committee, I would…
  • 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…
Rank this Week: 489

Nick Woolridge, Esq. Blog

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog
Rank this Week: 2733

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 31

    Improper Inventorship Case Transferred Because of Improper Venue

    Improper Inventorship Case Transferred Because of Improper Venue
    Hester v. j2Global Comm., Inc., No. 13 C 6143, Slip Op. (N.D. Ill. Sep. 19, 2014) (Lefkow, J.). Judge Lefkow held that venue was improper in this patent inventorship dispute, but instead of dismissing, transferred the case to the N.D.…
  • 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…
Rank this Week: 219

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    Be Afraid, Be Very Afraid - eDiscovery Horrors!

    Be Afraid, Be Very Afraid - eDiscovery Horrors!
    Today is Halloween. Every year at this time, because (after all) we’re an eDiscovery blog, we try to “scare” you with tales of eDiscovery horrors. This is our fifth year of doing so, let’s see how we do this year. …
  • Oct 29

    eDiscovery in Arbitration Has Become Less...Arbitrary - eDiscovery Trend

    eDiscovery in Arbitration Has Become Less...Arbitrary - eDiscovery Trend
    When you think of eDiscovery, you typically think of it as it relates to litigation – two sides of a case requesting and producing electronically stored information (ESI) as one means of identifying evidence designed to lead to…
  • Oct 28

    Despite 18 Missing Emails in Production, Court Denies Request for “Discovery on Discovery” - eDiscovery Case Law

    Despite 18 Missing Emails in Production, Court Denies Request for “Discovery on Discovery” - eDiscovery Case Law
    In Freedman v. Weatherford Int’l, New York Magistrate Judge James C. Francis, IV denied the plaintiff’s request to, among other things, require the defendant to produce “certain reports comparing the electronic search…
Rank this Week: 1034

Chicago Trial Attorney Blog

Chicago Trial Attorney Blog

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

http://www.counseloroffices.net/
Rank this Week: 4505

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 109

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: 440

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Lawsuit Financial Takes On Plaintiffs Financial Burden

    Lawsuit Financial Takes On Plaintiffs Financial Burden
    Why does a plaintiff involved in personal injury litigation need pre-settlement funding? Lawsuit cash advances, sometimes called "lawsuit loans", can help serious accident victims who might otherwise have trouble paying medical bills,…
  • Oct 30

    Don’t Let Your Finances Leave You Paralyzed

    Don’t Let Your Finances Leave You Paralyzed
    Obtaining a fair settlement can take your attorney time (months or even years). With lawsuit funding, you can buy the time you need to achieve the best results. While waiting for your case to settle, a lawsuit cash advance can be utilized to…
  • Oct 28

    When Creditors Call, Let Lawsuit Funding Answer

    When Creditors Call, Let Lawsuit Funding Answer
    "Thank you for the lawsuit cash advance. It was a great help with overdue needs and bills that have arisen while out of work due to my accident." ~ Eric G Often times, plaintiff in a personal injury case must wait months, even years for…
Rank this Week: 1152

Appellate Advocacy Blog

Appellate Advocacy Blog

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

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

    Sixth Circuit Judicial Conference - Save the Date

    Sixth Circuit Judicial Conference - Save the Date
    As reported this morning by the Sixth Circuit Appellate Blog, the Sixth Circuit will be holding an open judicial conference May 13-15, 2015.
  • Oct 20

    Inspiration for Creating an Appellate Brief Problem

    Inspiration for Creating an Appellate Brief Problem
    For those of you working on developing an appellate brief problem for this academic year, take a look at City of Los Angeles v. Patel. The U.S. Supreme Court just granted the petition for writ of certiorari today, and it...
  • Oct 12

    Judge Richard Kopf has this post on his…

    Judge Richard Kopf has this post on his blog, Hercules and the Umpire, regarding the late Judge Richard S. Arnold's near appointment to the Supreme Court by President Clinton in 1994. Reproduced in that post is a draft speech prepared...
Rank this Week: 2573

The Conference Room--Answers to…

The Conference Room--Answers to Questions on N.C. Law

Comments on North Carolina civil litigation and laws. By Bradley A. Coxe.

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Oct 30

    A Jury Thank you Letter

    A Jury Thank you Letter
    I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering...
  • Oct 6

    Crash Report

    Crash Report
    Result of a serious automobile accident (Photo credit: Wikipedia) In North Carolina, the first investigation of any motor vehicle crash is by the police. In order to assist their investigation, they use a special form published by the North…
  • Sep 18

    Legalese

    Legalese
    I believe that at some time in the past, lawyers must have charged on a per word basis. It is the only explanation I have as to why attorneys use lengthy, old-fashioned and sometimes confusing jargon when talking and writing....
Rank this Week: 920

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: 621

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: 169

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: 909

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Oct 30

    Capturing the Buzz and Insights at the ACC 2014 Annual Meeting

    Capturing the Buzz and Insights at the ACC 2014 Annual Meeting
    Following is a guest post from Debbie Caldwell, Exterro’s communications director, who is attending the Association of Corporate Counsel (ACC) 2014 Annual Meeting this week in New Orleans Exterro has ventured to the Association of…
  • Oct 29

    Defensible Disposition and the Convergence of IG, Compliance and E-Discovery

    Defensible Disposition and the Convergence of IG, Compliance and E-Discovery
    Following is a guest post by Jim FitzGerald, Exterro’s sr. product marketing manager, who attended ARMA International’s conference this week in San Diego. You can also read previous ARMA-related posts on applying analytics to…
  • Oct 28

    The Challenge of Employee Changes – Highlights from ARMA Conference

    The Challenge of Employee Changes – Highlights from ARMA Conference
    Following is a guest post by Scott M. Giordano, Exterro’s corporate technology counsel, who attended ARMA International’s conference this week in San Diego. I attended my first ARMA International conference this week, held (very…
Rank this Week: 3964

Legally Speaking Ohio

Legally Speaking Ohio

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

http://www.legallyspeakingohio.com
Rank this Week: 1471

Litigation PostScript

Litigation PostScript

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

http://www.litigationps.com/litigation_postscript_per/
  • Oct 30

    Beware the Bias for the "Safe" Call in Case Assessment

    Beware the Bias for the "Safe" Call in Case Assessment
    By Dr. Ken Broda-Bahm: The 2014 World Series ended yesterday in a 7th game win by the Giants. The game had some recalling the last time the Royals were in the World Series: 1985, where an infamous blown call by the umpire in game six led to a…
  • Oct 27

    Don't Assume Prior Convictions Kill Credibility

    Don't Assume Prior Convictions Kill Credibility
    By Dr. Ken Broda-Bahm: The witness is in good shape and the testimony looks to be great. There's just one little problem in his past: a conviction. Litigators are understandably concerned about any threats to witness credibility, but if that…
  • Oct 23

    Rest and Reflect (in Order to Learn More)

    Rest and Reflect (in Order to Learn More)
    By Dr. Ken Broda-Bahm: A couple of weeks ago I was working with a trial team and was present when one lawyer was profusely apologizing to another for wanting to go home. She knew there was still work to be done, she said, but she wanted to…
Rank this Week: 4162

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

Covers court and trial technology, and trial presentation. By Ted Brooks.

http://trial-technology.blogspot.com/
  • Oct 30

    Microsoft OneDrive Goes Unlimited

    Microsoft OneDrive Goes Unlimited
    Some time ago, I covered several of the most popular cloud files storage apps. Since that time, as the reliance upon cloud-based file storage has pushed the limits of bandwidth (to transfer all of this data), Dropbox has upgraded their Pro…
  • Sep 11

    Windows 8 and That Annoying Little Toolbar

    Windows 8 and That Annoying Little Toolbar
    If you've upgraded to Windows 8, and are doing anything with dual monitors, you may have seen that little stripe visible at the bottom of your second monitor. If you're in auto-hide mode with the Toolbar, mousing over it brings it up. If not,…
  • Aug 19

    HDMI v. VGA: Time to Upgrade?

    HDMI v. VGA: Time to Upgrade?
    Although the HDMI video format has been available for several years now, the majority of courtroom trial presentations are still done with VGA cables and equipment in a 4:3 format. For comparison, the diagram below shows common settings with…
Rank this Week: 3561

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Oct 30

    Moving Towards Strategic Legal IT: An Action Plan

    Moving Towards Strategic Legal IT: An Action Plan
    Last month, David Houlihan of Blue Hill Research offered a very insightful analysis of barriers to technological change in the legal space. He called out specific challenges to innovation faced by both IT and legal teams at firms. Based on…
  • Oct 27

    What’s the Best Ediscovery Feature?

    What’s the Best Ediscovery Feature?
    It’s no secret that our company is engineering-heavy. We spend a lot of time discussing, building, and improving custom features for our ediscovery platform. This calendar year, we’ve already released twenty-six new features or…
  • Oct 24

    Excel-ling at Discovery

    Excel-ling at Discovery
    Many litigation support professionals think Excel files are the bane of discovery.  Attorneys with a fixation on wanting a Bates Stamp on electronically stored information demand Excel files be converted from their native application to…
Rank this Week: 3223

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
Rank this Week: 3380

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
Rank this Week: 2046

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 2227

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/
  • Oct 30

    Jim Sharp: Master of Judicial Intemperance, Junk Jurisprudence, and Ipse Dixit

    Jim Sharp: Master of Judicial Intemperance, Junk Jurisprudence, and Ipse Dixit
    CALLING ALL HILLBILLIES: RE-ELECT JIM SHARP AT YOUR PERIL  Ever so often you get a member of the judiciary who does not give a rodent's posterior about the essential elements of a cause of action, established precedent, or the rules of…
  • Oct 17

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required
    CREDITOR MUST PROVE AGREEMENT ON SPECIFIC TERMS OF GOVERNING EXTENSION OF CREDIT  In a bench trial in which no findings of fact or conclusions of law are requested by the parties or filed by the trial court, we imply all findings of…
  • Oct 16

    Two types of mechanic's liens under Texas law

    Two types of mechanic's liens under Texas law
    CONSTITUTIONAL AND STATUTORY MECHANICS LIEN  Texas law recognizes two possible types of mechanic's liens: (1) a constitutional lien and (2) a statutory lien. TEX. CONST. art. XVI, § 37; TEX. PROP. CODE ANN. 53.001 (West 2007). "[A]…
Rank this Week: 1294

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Oct 29

    A Petition for Writ of Certiorari – What Is It?

    A Petition for Writ of Certiorari – What Is It?
    The Superior Court recently granted a petition for writ of certiorari.  See, Millsboro Fire Co. v. Delaware State Fire Prevention Commission et al., Del. Super., No. K14A-05-001, Young, J. (Oct. 21, 2014).  In reaching its decision,…
  • Oct 21

    Delaware Courts Consider Work-Life Balance

    Delaware Courts Consider Work-Life Balance
    Earlier this month, the Delaware District Court announced that with the exception of initial pleadings, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be…
  • Oct 9

    The Delaware Senate Confirms A New Supreme Court Justice

    The Delaware Senate Confirms A New Supreme Court Justice
    The Delaware Supreme Court has a new member!  During a special session conducted yesterday, the Delaware Senate unanimously confirmed the appointment of James T. Vaughn, Jr.   Justice Vaughn, who served as a Superior…
Rank this Week: 2586

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Oct 29

    Greater Rights in Contract Mean Greater Obligations in Discovery

    Greater Rights in Contract Mean Greater Obligations in Discovery
    In Haskins v. First Am. Title Ins. Co., the court was asked whether a title insurance company (the “Insurer”) is in “control” of documents that are in not in the Insurer’s possession, but where the Insurer has…
  • Oct 27

    Independent Contractors Beware, You’re Not Protected

    Independent Contractors Beware, You’re Not Protected
    Richard Fraser was an independent contractor working for Nationwide Mutual Insurance Company when he was fired in 1998. Although Fraser argued that he was fired for reporting illegal policies that Nationwide had implemented, Nationwide stated…
  • Oct 22

    To Shred or Not To Shred

    To Shred or Not To Shred
    “Follow the document policy!” Those were the words repeated many a time by Arthur Anderson to Enron’s employees during the pending SEC investigation. Those simple words led to a jury’s finding Anderson guilty of…
Rank this Week: 857

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: 170

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: 700

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Oct 28

    Costs of requesting oral hearing after provisional assessment

    Costs of requesting oral hearing after provisional assessment
    If a party is unhappy with the outcome of a provisional assessment they have the automatic right to request an oral hearing. The large disincentive is that if they fail to achieve an improvement in their favour of 20% or more of the…
  • Oct 26

    Guidance on the new proportionality test

    Guidance on the new proportionality test
    The new Senior Costs Judge Master Gordon-Saker recently suggested there was no need for further guidance on the new proportionality test. He said: “It is said that we will need guidance on how to apply the new test. I disagree. The…
  • Oct 23

    Understanding costs order

    Understanding costs order
    £17,000 bill of costs served in relation to appeal. Notice of Commencement relies on a court order and attaches a copy of the same. The costs provision of the order reads: “No order as to costs” You couldn’t make it…
Rank this Week: 1027