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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…
  • Apr 16

    Court Of Chancery Explains Shared Causation In Fee Award

    Court Of Chancery Explains Shared Causation In Fee Award
    Smith, Katzenstein & Jenkins LLP v. Fidelity Management & Research Company, C.A. 8066-VCL (April 16, 2014) This decision explains how to calculate an attorney fee when there are 2 potential causes for a favorable settlement of a class…
Rank this Week: 263

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 17

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Apr 24

    Argument analysis: Was Congress more “legally sophisticated” than the Justices when it overrode state limitations on lawsuits for toxic exposure?

    Argument analysis: Was Congress more “legally sophisticated” than the Justices when it overrode state limitations on lawsuits for toxic exposure?
    Was Congress legally sophisticated enough to distinguish between “statutes of limitations” and “statutes of repose” when it amended the “Superfund” legislation (known as CERCLA) in 1986?  At the oral…
  • Apr 24

    Opinion analysis: Extending limitations on habeas relief

    Opinion analysis: Extending limitations on habeas relief
    On Wednesday, in White v. Woodall, the Court reversed a grant of habeas relief by the U.S. Court of Appeals for the Sixth Circuit.  Woodall’s underlying claim concerned the state trial court’s refusal to accommodate his…
  • Apr 24

    Thursday round-up

    Thursday round-up
    Yesterday the Court issued decisions in two cases:  Paroline v. United States, involving restitution for victims of child pornography; and White v. Woodall, a habeas case.  Lyle Denniston covered the decision in Paroline for us;…
Rank this Week: 18

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/
  • Apr 24

    Smile (For Credibility and Affect)

    Smile (For Credibility and Affect)
    By Dr. Ken Broda-Bahm: Your face is probably blank as you read this. So just as an experiment, right now, smile. Now, even if your smile is forced, goofy, or pasted on, hold that smile for at least 20 seconds or so. If you're like most, you…
  • Apr 21

    Treat Body Language as Unproven, Yet Trusted

    Treat Body Language as Unproven, Yet Trusted
    By Dr. Ken Broda-Bahm: On a recent trip returning to the U.S., I was eyed closely as I answered a series of apparently mundane questions from the uniformed American agent. Where was I born? Where do I live in the U.S.? How long had I been…
  • Apr 17

    Persuasive Litigator Gets to 400: The Top Ten of the Fourth Hundred

    Persuasive Litigator Gets to 400: The Top Ten of the Fourth Hundred
    By Dr. Ken Broda-Bahm: When you write, it's always interesting to see what people like and what they read. For book authors, there are reviewers and, of course, sales. For bloggers, there is Google Analytics. The tool, actually available for…
Rank this Week: 1157

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Apr 24

    D.C. District Court Discusses Circuit Split Over Miranda "Custody" and Handcuff

    D.C. District Court Discusses Circuit Split Over Miranda "Custody" and Handcuff
    On April 14, the D.C. District Court issued a decision in U.S. v. Richardson that included a nice discussion of the current circuit split over whether handcuffing a suspect automatically creates a "custodial" situation for purposes…
  • Apr 22

    Schuette Opens Up the Divide

    Schuette Opens Up the Divide
    There has been plenty of blog coverage already about the Supreme Court's new decision in Schuette v. BAMN, with commentary mostly focused on the well-rehearsed arguments over the merits or mistakes of affirmative action, and some about the…
  • Apr 17

    ARTICLE: Circuits Split over Summary Judgment Denial

    ARTICLE: Circuits Split over Summary Judgment Denial
    Professor Joan E. Steinman has an interesting new article posted on SSRN that discusses an important circuit split: The Puzzling Appeal of Summary Judgment Denials: When are Such Denials Reviewable? Here is the abstract: An important aspect…
Rank this Week: 1097

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
Rank this Week: 502

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 1261

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Apr 24

    On-Demand Webcast: Clean up the E-Discovery Leftover

    On-Demand Webcast: Clean up the E-Discovery Leftover
    Learn how to defensibly release legal holds to avoid costly over-preservation of data. The case has closed. The appellate process is over. Time to release the legal hold right? Well for some yes, but for the majority of organizations the…
  • Apr 22

    Members of Civil Rules Committee Discuss Proposed E-Discovery Changes to FRCP

    Members of Civil Rules Committee Discuss Proposed E-Discovery Changes to FRCP
    By: Andrew Bartholomew The e-discovery world has been abuzz of late regarding forthcoming changes to the Federal Rules of Civil Procedure (FRCP). In a meeting held in Portland, Ore., earlier this month, the Civil Rules Advisory Committee…
  • Apr 21

    Upcoming Webcast: Clean up the E-Discovery Leftover

    Upcoming Webcast: Clean up the E-Discovery Leftover
    Learn how to defensibly release legal holds to avoid costly over-preservation of data. Date: April 23 at 1pm EST/10am PT Space is limited. Register Today! The case has closed. The appellate process is over. Time to release the legal hold…
Rank this Week: 2121

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
  • Apr 24

    Brand on Overlap between PIL and Substantive Law in the EU

    Brand on Overlap between PIL and Substantive Law in the EU
    Ronald A. Brand (University of Pittsburgh School of Law) has posted The Evolving Private International Law/Substantive Law Overlap in the European Union on SSRN. This chapter, written for the FESTSCHRIFT FÜR ULRICH MAGNUS…
  • Apr 24

    Festschrift Ulrich Magnu

    Festschrift Ulrich Magnu
    A Liber Amicorum for Ulrich Magnus was published in February 2014. It contains a number of contributions on private international law. III. Internationales Privat- und Zivilverfahrensrecht Jürgen Basedow,…
  • Apr 23

    Second Seminar on the Boundaries of European PIL

    Second Seminar on the Boundaries of European PIL
    Boundaries of European Private International Law Seminar n° 2 – Louvain la Neuve: What are the Boundaries between Internal Market and European PIL and among PIL Instruments? 5/6 June 2014 Coordination : Jean-Sylvestre…
Rank this Week: 43

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
Rank this Week: 1719

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Apr 24

    Plaintiff Barred From Pursuing UIM Claim After Participating in Third Party Non-Binding ADR

    Plaintiff Barred From Pursuing UIM Claim After Participating in Third Party Non-Binding ADR
    In her recent April 9, 2014 decision in the Post-Koken case of Gallagher v. Ohio Casualty Ins. Co., No. 13-0168 (E.D. Pa. April 9, 2014), Judge Nitza I. Quinones Alejandro of the Federal District Court for the Eastern District found that…
  • Apr 22

    Separate IMEs Denied for Cervical Spine/Carpal Tunnel Injurie

    Separate IMEs Denied for Cervical Spine/Carpal Tunnel Injurie
    In his recent decision in the case of DiGiacinto v. Obelinas, No. 2009-CV-8085 (C.P. Lacka. Co. April 17, 2014 Nealon, J.), Judge Terrence R. Nealon addressed the issue of whether a Plaintiff may be compelled to attend two separate IMEs where…
  • Apr 22

    Big Post-Koken Question Of How to Handle "Insurance" At Trial Will Remain Unanswered For Now

    Big Post-Koken Question Of How to Handle "Insurance" At Trial Will Remain Unanswered For Now
    The Pennsylvania Supreme Court has denied the Petition for Appeal in the Post-Koken case of Stepanovich v. McGraw and State Farm.  Click HERE to review the Court's Order.Too bad....another opportunity for much-desired appellate guidance…
Rank this Week: 214

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/
  • Apr 24

    Call for Papers: Corporate & Securities Litigation Workshop

    Call for Papers: Corporate & Securities Litigation Workshop
    Second Annual Workshop for Corporate & Securities Litigation: Call for Papers The University of Richmond School of Law and the University of Illinois College of Law invite submissions for the Second Annual Workshop for Corporate &…
  • Apr 23

    Trammell on Transactionalism Cost

    Trammell on Transactionalism Cost
    Alan Trammell (Brooklyn Law School) has posted Transactionalism Costs to SSRN. Modern civil litigation is organized around the “transaction or occurrence,” a simple and fluid concept that brings together logically related claims in one…
  • Apr 22

    Call for Papers: 7th Annual Jr Faculty Fed Cts Workshop

    Call for Papers: 7th Annual Jr Faculty Fed Cts Workshop
    Seventh Annual Junior Faculty Federal Courts Workshop CALL FOR PAPERS: The University of Georgia School of Law will host the Seventh Annual Junior Faculty Federal Courts Workshop on October 10-11, 2014. The workshop pairs a senior scholar…
Rank this Week: 730

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Apr 24

    Until ≠ Unle

    Until ≠ Unle
    If a particular process subject to a deadline is not deemed completed UNLESS a particular step is taken, it can have ramifications if the operative word is UNLESS rather than UNTIL. Let’s say, for example, a party had to give…
  • Apr 23

    Blue Cross v. Wells Fargo and the Challenge of Hybrid Jury/Bench Trial

    Blue Cross v. Wells Fargo and the Challenge of Hybrid Jury/Bench Trial
    Update (April 23, 2014): Below is a post from last month reflecting a loss of plaintiff Blue Cross (and others) in a case that Blue Cross, represented by the Twin Cities litigation powerhouse of Robins Kaplan Miller & Ciresi, brought…
  • Apr 23

    The Rule of Law: It might not always make sense. It just is what it is. Deal with it.

    The Rule of Law: It might not always make sense. It just is what it is. Deal with it.
      Update (April 23, 2014): A business (BancInsure) promised to indemnify another business (Avon State Bank), breached the promise, forcing Avon to sue BancInsure. Avon cannot recover its legal fees in its action to get BancInsure to…
Rank this Week: 119

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/
  • Apr 23

    Louisiana Cash Now Merchants Tout Bogus "Windfall" for Structured Settlement

    Louisiana Cash Now Merchants Tout Bogus "Windfall" for Structured Settlement
    Cash now pusher from Louisiana issues press release spinning the discounted proceeds from a structured settlement transfer (cash now) as a "windfall" This is a content summary only. Please click on the title for the full content, If you find…
  • Apr 22

    Hey New York Life | Can You See What I See?

    Hey New York Life | Can You See What I See?
    Here's yet another example of efforts of the settlement secondary market to create consumer confusion. New York Life is the victim. This is a content summary only. Please click on the title for the full content, If you find yourself on…
  • Apr 16

    Structured Settlement With Index-Linked Payment Adjustment

    Structured Settlement With Index-Linked Payment Adjustment
    Structured settlements can now include an S&P 500 index-linked annuity adjustment feature, thanks to Pacific Life, which rolled out its rider on April 17, 2014, following its obtaining a... This is a content summary only. Please click on…
Rank this Week: 177

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
  • Apr 23

    Rule 37(e) Amended Again – eDiscovery Trend

    Rule 37(e) Amended Again – eDiscovery Trend
    Last month, we discussed significant changes made to Rule 37(e), which had been hotly debated and was the source of many of the 2,354 public comments filed regarding the recent proposed rules changes. Earlier this month (on April 10th and…
  • Apr 23

    Why the Blog was Down -- eDiscovery Downtime

    Why the Blog was Down -- eDiscovery Downtime
    If you’ve tried to access the blog for the past couple of days, you’ve experienced a lot of difficulty and, for parts of Monday and Tuesday, got an indication that the URL didn’t exist. Here’s why.
  • Apr 22

    eDiscovery Professional Profile: Do you know Caroline Sweeney?

    eDiscovery Professional Profile: Do you know Caroline Sweeney?
    Caroline Sweeney is the Global Director of eDiscovery and Client Technology Services at Dorsey & Whitney LLP – a large, international law firm with 19 offices around the world. Caroline is located in the Minneapolis office –…
Rank this Week: 864

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 117

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: 2166

The 10b-5 Daily

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/
  • Apr 23

    All The CLE You Could Possibly Want

    All The CLE You Could Possibly Want
    It is not too late to sign up for PLI's Handling a Securities Case 2014: From Investigation to Trial and Everything in Between. The program takes place on Thursday, April 24 in New York and via webcast (and, shortly thereafter,...
  • Apr 11

    Cornerstone Releases Report On Settlement

    Cornerstone Releases Report On Settlement
    Cornerstone Research has released its annual report on securities class action settlements. The notable findings include: (1) There were 67 settlements last year, a 17.5% increase from 2012. The report concludes that the increase is likely…
  • Mar 28

    Shielding From Suspicion

    Shielding From Suspicion
    The U.S. Court of Appeals for the Fourth Circuit has issued an opinion - Yates v. Municipal Mortgage & Equity, LLC, 2014 WL 890018 (4th Cir. March 7, 2014) - that clarifies the court's position on several securities fraud issues....
Rank this Week: 2848

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/
Rank this Week: 934

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/
  • Apr 23

    5 Voir Dire Questions to Avoid

    5 Voir Dire Questions to Avoid
      by Laurie R. Kuslansky, Ph.D.Managing Director, Jury & Trial ConsultingA2L Consulting 1. Can you be fair and impartial? 2. Can you put your feelings aside? 3. Can you ignore your own opinion and follow the law if they conflict? 4.…
  • Apr 22

    A Clash of Two Communication Worlds: Lawyers vs. Juror

    A Clash of Two Communication Worlds: Lawyers vs. Juror
      by Laurie R. Kuslansky, Ph.D."ESTJ"Managing Director, Trial & Jury ConsultingA2L Consulting Traits descriptive of many lawyers are at cross purposes with traits of the general public serving on juries, worsened by decreased trust…
  • Apr 18

    The Top 14 Litigation Consulting Articles You Loved from Q1-2014

    The Top 14 Litigation Consulting Articles You Loved from Q1-2014
      by Ken LopezFounder/CEOA2L ConsultingSince we publish articles a few times per week, it's easy to miss some of the great content posted at A2L's Litigation Consulting Report blog. Also, with so much valuable content, we know it's…
Rank this Week: 3696

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
  • Apr 23

    Can Grandma Still Drive?

    Can Grandma Still Drive?
    One of the most difficult concepts to accept for those with some form of “incapacity” is a restriction on their ability to drive. And taking away the car keys from someone else is one of the hardest things to do. Here’s an…
  • Apr 21

    Sometimes You’re Legally Right and Legally Wrong

    Sometimes You’re Legally Right and Legally Wrong
    The following is a guest blog by Alan M. Goldberg of the Law Office of Alan Goldberg. Alan’s practice includes Appeals, Civil Trials, and Family Law. You can follow Alan on Twitter @AlanMGoldberg. The law can have some seemingly unfair…
  • Apr 18

    Refreshing Recollection in Court

    Refreshing Recollection in Court
    It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. A common way to…
Rank this Week: 3081

Accessibility Defense

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com
  • Apr 23

    The real victims of stupid and abusive ADA lawsuits? The disabled.

    The real victims of stupid and abusive ADA lawsuits? The disabled.
    This morning’s news featured a piece about ADA based attacks on workshops for the disabled (Morning Edition, National Public Radio).  What’s bad about a special facility where those with intellectual and other…
  • Apr 12

    The next wave – ADA lawsuits against touchscreen POS device

    The next wave – ADA lawsuits against touchscreen POS device
    Touchscreen point-of-sale devices are ubiquitous, and the next wave of ADA lawsuits will undoubtedly be against businesses that use them. This is easy to predict because on April 10 the DOJ filed a “Statement of Interest”…
  • Mar 30

    Who wears the halo? For a successful ADA defense it has to be the defendant.

    Who wears the halo? For a successful ADA defense it has to be the defendant.
    Two cases decided only last week illustrate what a defendant must do if it is determined to win an ADA lawsuit. In one case the defendant failed, and in the other the defendant succeeded. Both cases were ATM cases filed by the same law firm,…
Rank this Week: 1483

Trial and Appeals Blog

Trial and Appeals Blog

Covers law and society. By Thomas Wade Young.

http://www.twylaw.com/blog
  • Apr 23

    Law enforcement officers now have wider…

    Law enforcement officers now have wider latitude in conducting searches on the basis of anonymous tips. Navarette v. California, No. 12–9490 (April 22, 2014) divided the U.S. Supreme Court’s two most conservative justices, while…
  • Apr 17

    Florida Civil Rights Act Bans Pregnancy Discrimination

    Florida Civil Rights Act Bans Pregnancy Discrimination
    The notion that laws banning sex discrimination also ban pregnancy discrimination seems obvious to many. Others, however, note that gender and pregnancy are not the same thing and, therefore, that language prohibiting gender discrimination…
  • Mar 6

    Incivility Yields Two Year Suspension

    Incivility Yields Two Year Suspension
    THIS article for the Ethics and Professionalism Committee of the ABA’s Section of Litigation uses recent decisions by the Supreme Court of Florida to illustrate how lapses in professionalism — which were once thought to be…
Rank this Week: 4297

Virginia Employment Law Blog

Virginia Employment Law Blog

Covers employment law and litigation. By The Erlich Law Office, PLLC.

http://www.virginiaemploymentlawblog.com/
  • Apr 23

    Unpaid Interns Earn the Right to Sue in NYC

    Unpaid Interns Earn the Right to Sue in NYC
    In 2013, Lihuan Wang, then a student at Syracuse University and an unpaid intern for Phoenix Sattelite Television, sued Phoenix because her supervisor took her to lunch and to a hotel room where he kissed her by force and grabbed her…
  • Apr 18

    Game Change? Judge Rules on Discrimination Protection for Gay

    Game Change? Judge Rules on Discrimination Protection for Gay
    A United States District Court Judge in the District of Columbia issued a recent opinion that could radically change the discrimination protections afforded to members of the LGBT community, but perhaps not in the way that you would expect.…
  • Apr 17

    Severance Agreements: What You Need to Know

    Severance Agreements: What You Need to Know
    The process of being separated from your company is often a surprising, confusing, and emotionally trying.  You walk into a routine meeting with a supervisor only to find that a Human Resources representative is also present.  Your…
Rank this Week: 2432

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Apr 23

    How can I convince them this wasn’t racist? Just keep talking…

    How can I convince them this wasn’t racist? Just keep talking…
    We just can’t keep up with all the research on racism. So today, instead of a single article, we’re going to cite 3 of them! They are all disturbing examples that racism is alive, well, and measurable.  Was s/he a good…
  • Apr 21

    What do wrongful termination and sexual abuse by a priest have in common?

    What do wrongful termination and sexual abuse by a priest have in common?
    We can’t think of a single thing. Except last week we were listening to mock jurors hearing a wrongful termination case and their comments sounded very familiar. It was odd. It wasn’t another employment case that was ringing the…
  • Apr 18

    Hey, trial lawyers! The FDA is watching you!

    Hey, trial lawyers! The FDA is watching you!
    And they want you to stop abusing their Adverse Event Reporting System (FAERS). We’ve worked a number of cases recently where FDA warnings were used as evidence at trial and were very interested to see this article in the American…
Rank this Week: 1881

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • Apr 23

    The Professor And The Grad Student (A Civil Litigation Story)

    The Professor And The Grad Student (A Civil Litigation Story)
    © Max Kennerly. The original for this post is The Professor And The Grad Student (A Civil Litigation Story) at Litigation & Trial Lawyer Blog.Yesterday afternoon’s “Breaking News” alert from The Legal Intelligencer…
  • Apr 14

    Asphalt Playgrounds Will Not Save The Next Generation

    Asphalt Playgrounds Will Not Save The Next Generation
    © Max Kennerly. The original for this post is Asphalt Playgrounds Will Not Save The Next Generation at Litigation & Trial Lawyer Blog.  As Sarah Miller recently lampooned over at The New Yorker, parents today are bombarded with…
  • Apr 2

    Bringing Back The Deadly Workplace By Stopping Product Liability Action

    Bringing Back The Deadly Workplace By Stopping Product Liability Action
    © Max Kennerly. The original for this post is Bringing Back The Deadly Workplace By Stopping Product Liability Actions at Litigation & Trial Lawyer Blog.  From July 1906 through June 1907, five-hundred twenty-six workers died on…
Rank this Week: 125

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/
  • Apr 23

    State Control of Black Mother

    State Control of Black Mother
    Dorothy E. Roberts, Prison, Foster Care, and the Systemic Punishment of Black Mothers, 59 UCLA L. Rev. 1474 (2012).Donna CokerDorothy Roberts has long provided insightful analysis of the ways in which criminal justice policies police black…
  • Apr 22

    Federalism and Mass Tort Litigation

    Federalism and Mass Tort Litigation
    J. Maria Glover, Mass Litigation Governance in the Post-Class Action Era: The Problems and Promise of Non-Removable State Actions in Multi-District Litigation, J. Tort Law (forthcoming 2014).Robin EffronFair and global resolutions to…
  • Apr 21

    Call for Papers: Legal Scholarship We Like, and Why It Matter

    Call for Papers: Legal Scholarship We Like, and Why It Matter
    Legal Scholarship We Like,and Why It Matters University of Miami School of Law November 7-8, 2014 JOTWELL, the Journal of Things We Like (Lots), is an online journal dedicated to celebrating and sharing the best scholarship relating to the…
Rank this Week: 409

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Apr 23

    Using Movies As Evidence

    Using Movies As Evidence
    Boiler-Room.jpg While introducing portions of a movie can raise concerns about unfair prejudice under FRE 403, the Sixth Circuit recently reviewed this issue in a fraud case and concluded that the movie The Boiler Room was…
  • Apr 18

    Authenticating Evidence From A Web Site

    Authenticating Evidence From A Web Site
    androiddatalogo.png Are there any special considerations that go into authentication of material found on a web site so it can be introduced into evidence? The Seventh Circuit recently assessed an effort to authenticate…
  • Apr 17

    Supreme Court Watch: Another Case Seeking Review On Expert Testimony Under The Confrontation Clause

    Supreme Court Watch: Another Case Seeking Review On Expert Testimony Under The Confrontation Clause
    Supreme Court (5).JPG In addition to other pending cases, a Maryland case presents the question concerning the application of the Confrontation Clause to expert testimony; the Maryland Court of Appeals originally concluded…
Rank this Week: 1517

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

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

    $271,200 Jury Verdict in Jackson Federal Court Retaliation Lawsuit

    $271,200 Jury Verdict in Jackson Federal Court Retaliation Lawsuit
    On April 18, 2014 a federal court jury in Jackson rendered a plaintiffs’ verdict in the total amount of $271,200 in Smith v. Tower Automotive Operations USA. The two plaintiffs were white employees of Tower Automotive in Meridian. The…
  • Apr 21

    Defense Verdict in Harrison County Trip and Fall Case

    Defense Verdict in Harrison County Trip and Fall Case
    A Harrison County Circuit Court jury rendered a defense verdict on April 10, 2014 in Bonn v. Rouses Enterprises, L.L.C.  The plaintiff tripped and fell in a Rouses supermarket in 2011. Plaintiff had a total knee replacement three months…
  • Apr 16

    PERS Update: Future of Pension Funds is Bleak

    PERS Update: Future of Pension Funds is Bleak
    Mish’s Global Economic Trend Analysis had this post on Friday about a report that concludes that 85% of pension funds will fail over the next three decades. From the post: Bridgewater Associates did an analysis of pension funds recently…
Rank this Week: 353

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Apr 22

    Increased legal costs work

    Increased legal costs work
    The majority of those working in costs have never been busier. We are still benefiting from the historical increases in personal injury claims, with settlements now flowing into new costs work. The transitional provisions relating to the…
  • Apr 15

    Predicting the future

    Predicting the future
    Implementation of the Jackson reforms was predicted by many to mean a dramatic drop in claim numbers. The Access to Justice Action Group predicted “there will be at least 25% fewer claimants”. Many scoffed at the idea the reforms…
  • Apr 13

    Amending a bill of cost

    Amending a bill of cost
    PD 47 para.13.10 allow a party to vary their bill: “(1) If a party wishes to vary that party’s bill of costs, points of dispute or a reply, an amended or supplementary document must be filed with the court and copies of it must be…
Rank this Week: 4478

Kentucky Court Report

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/
Rank this Week: 2624

The Velvet Hammer

The Velvet Hammer

Covers depositions, direct exams, opening statements and other trial tips. By Karen Koehler.

http://www.karenkoehlerblog.com
  • Apr 22

    The dishonor of gaming/buying a reputation

    The dishonor of gaming/buying a reputation
    There are a lot of lawyers in America. Lots and lots. With the demise of the telphone book, most lawyers now have websites.  Growing numbers use social media. A few pay for TV and radio ads.  And thankfully only a few…
  • Apr 22

    And on the tenth day, the Court declared a mistrial…

    And on the tenth day, the Court declared a mistrial…
      Tomorrow we were supposed to be giving closing arguments. Instead, today the Court sent everyone home. Can’t write about what exactly happened.  This case is going to be tried again. But can tell you what…
  • Apr 21

    Some defense lawyers can’t be friends too…

    Some defense lawyers can’t be friends too…
    Last week something unpleasant happened.    I lost a friend.  Not a great one.  But a friend nonetheless.   I met him when he was still a law student and was one of his mentors.  He clerked for our…
Rank this Week: 1093

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/
  • Apr 22

    Open PJ Spots in 2/1 AND 2/3?

    Open PJ Spots in 2/1 AND 2/3?
    The JNE Commission is circulating a questionnaire to evaluate Justice Rothschild "for Presiding Justice, Second District Court of Appeal, Divisions One and Three."Division One is missing a PJ since Justice Mallano retired earlier this year,…
  • Apr 21

    Another name in the hopper for the 2d DCA

    Another name in the hopper for the 2d DCA
    Today's MetNews reports Ventura Judge Tari Cody Being Considered for Court of Appeal. Presumably that would be for the spot on 2/6. "The MetNews previously reported that Los Angeles Superior Court Judges John Segal, Luis Lavin, Helen Bendix,…
  • Apr 21

    More analogies: How to attract a Supreme Court's attention

    More analogies: How to attract a Supreme Court's attention
    On Friday, Law360 Appellate offered 5 Tips For Winning Over The Texas Supreme Court, a report from a program presented to the appellate sections of the Texas State Bar and Austin Bar Ass'n. Not surprisingly, the Texas Supreme Court is…
Rank this Week: 4579

The Art of Advocacy

The Art of Advocacy

Covers courtroom techniques, topics include, depositions, direct examination, historic trials, professional growth, and training opportunities. By Paul Mark Sandler.

http://www.attorneyadvocacy.com/
Rank this Week: 2525

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Apr 22

    Secret Lawsuit Must Step into the Light, Fourth Circuit Rule

    Secret Lawsuit Must Step into the Light, Fourth Circuit Rule
    A new decision by the Fourth Circuit underscores the public's first amendment right to know what happens in the course of a lawsuit in federal court. It's also a reminder that secret papers that you so confidently filed under seal...
  • Apr 9

    Bridgegate: Who Went Too Far -- the New Jersey Legislature or the Judge Who Quashed Its Subpoenas?

    Bridgegate: Who Went Too Far -- the New Jersey Legislature or the Judge Who Quashed Its Subpoenas?
    The George Washington Bridge. Who has the better argument in the Bridgegate subpoena flap? New Jersey Superior Court Judge Mary Jacobson on April 9 quashed subpoenas that a special investigative committee of the Garden State's legislature…
  • Apr 4

    DuPont Deflects Kevlar Antitrust Claim

    DuPont Deflects Kevlar Antitrust Claim
    Do federal judges protect their own? Before Blawgletter suggests an answer, let's look at the case that raises the question. The Fourth Circuit upheld a summary judgment for E. I. DuPont de Nemours & Co., ruling that the South Korean...
Rank this Week: 316

Trial Lawyer Communication Tips…

Trial Lawyer Communication Tips for EVERYONE!

Shares almost 3 decades of trial lawyer communication tips to help you make an impact, fascinate others, and close deals like the best trial lawyers in the world! By Mitch Jackson.

http://mitchjackson.com
  • Apr 22

    Use Experts To Make Your Point

    Use Experts To Make Your Point
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Apr 14

    Social Media: A Perfect Fit for Today’s Teen

    Social Media: A Perfect Fit for Today’s Teen
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Apr 8

    Tania Dakka Shows You How to Communicate on Your Website

    Tania Dakka Shows You How to Communicate on Your Website
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
Rank this Week: 2742

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
Rank this Week: 1079

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Apr 22

    Patience is A Virtue, but Time is Gold

    Patience is A Virtue, but Time is Gold
    Following an accident, a lawsuit may be the only means by which victims can be compensated for their loss. However, many plaintiffs involved in a personal injury lawsuit are often struggling financially. Additionally, many face challenges -…
  • Apr 17

    Time is on your side with Lawsuit Funding

    Time is on your side with Lawsuit Funding
    If you have ever been in a lawsuit, you know they take time, but what happens when time is not financially on your side? The fact of the matter is that if you have suffered a personal injury, are unable to work, and can’t pay the…
  • Apr 17

    Drowsy Driver Nearly Got Hit “Right Between The Eyes”

    Drowsy Driver Nearly Got Hit “Right Between The Eyes”
    Many people do not consider how dangerous it is to get behind the wheel when fatigued, yet it has proved to be as harmful as driving under the influence of alcohol and drugs. Nodding off for even a second can prove deadly. Imagine driving at…
Rank this Week: 598

Nextpoint's Legal Technology Blog

Nextpoint's Legal Technology Blog

Covers eDiscovery, social media archiving, and trial presentation solutions.

http://www.nextpoint.com/blog/
  • Apr 22

    Beyond Heartbleed: How to Secure Your Law Firm from Hacker

    Beyond Heartbleed: How to Secure Your Law Firm from Hacker
    Imagine your law firm gets a call from the FBI or other law enforcement agency. An agent tells you an investigation has uncovered evidence that your law firm’s security had been breached and client data has been stolen. After checking…
  • Apr 16

    5 Reasons eDiscovery Budgets Break

    5 Reasons eDiscovery Budgets Break
    At Nextpoint we talk to thousands of attorneys with all types of cases. It’s fair to say every case is unique, attorneys’ clients are all difficult in their own way, and that traditional litigation technology fails legal teams for…
  • Apr 15

    Everything You Need to Know About Social Media Discovery

    Everything You Need to Know About Social Media Discovery
    Social media is discoverable, it’s important to your case, and it’s only getting more complicated. The good news is, the existing rules of Evidence apply to social media. You just have to know how to apply them. Law…
Rank this Week: 3097

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Apr 22

    Fourth Circuit Lifts the Veil on Claims at the Heart of Safeproduct.gov Appeal

    Fourth Circuit Lifts the Veil on Claims at the Heart of Safeproduct.gov Appeal
    Over a year after the Consumer Products Safety Commission (CPSC) abandoned its Safeproducts.gov appeal, a successful appeal by consumer groups has blown the lid off Company Doe’s secrecy. In 2012, the CPSC intended to publish a report…
  • Apr 14

    Defeating Class Certification in Food Labeling Class Action

    Defeating Class Certification in Food Labeling Class Action
    In postings in September 2013 and February 2014, I discussed tactics for opposing class certification in food labeling class actions. These tactics included relying on the Supreme Court’s opinion in Comcast Corp. v. Behrend, 133 S. Ct.…
  • Apr 10

    Situational Awarene

    Situational Awarene
    In a recent car commercial, the driver accelerates some new style engine in the car in order to bring the three passengers’ heads up from their devices to make them discuss where to go to lunch.  Everywhere you go, you see people…
Rank this Week: 3455

For the Defense

For the Defense

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

http://forthedefense.org/ftd.aspx
  • Apr 22

    Fourth Circuit Lifts the Veil on Claims at the Heart of Safeproduct.gov Appeal

    Fourth Circuit Lifts the Veil on Claims at the Heart of Safeproduct.gov Appeal
    Over a year after the Consumer Products Safety Commission (CPSC) abandoned its Safeproducts.gov appeal, a successful appeal by consumer groups has blown the lid off Company Doe’s secrecy. In 2012, the CPSC intended to publish a report…
  • Apr 14

    Defeating Class Certification in Food Labeling Class Action

    Defeating Class Certification in Food Labeling Class Action
    In postings in September 2013 and February 2014, I discussed tactics for opposing class certification in food labeling class actions. These tactics included relying on the Supreme Court’s opinion in Comcast Corp. v. Behrend, 133 S. Ct.…
  • Apr 10

    Situational Awarene

    Situational Awarene
    In a recent car commercial, the driver accelerates some new style engine in the car in order to bring the three passengers’ heads up from their devices to make them discuss where to go to lunch.  Everywhere you go, you see people…
Rank this Week: 463

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
Rank this Week: 2411

Johnson & Hunter, Inc.

Johnson & Hunter, Inc.

Teaches advocacy and persuasion for trial lawyers and public speaking to corporate lawyers.

http://www.johnson-hunter.com/blog/
  • Apr 22

    Well-spoken at 94: Justice John Paul Steven

    Well-spoken at 94: Justice John Paul Steven
    To see and hear an extremely well-spoken retired Supreme Court Justice, click on the link below. Now 94 years old, Justice Stevens is better spoken than most of us in our prime. Does a lifetime of writing, speaking, and thinking carefully…
  • Apr 7

    Public Speaking Fail: Trying to Speak with Your Arms Glued to Your Side

    Public Speaking Fail: Trying to Speak with Your Arms Glued to Your Side
    by Marsha Hunter At a trial skills program last month, I spent two days in individual coaching and video review. As the first day wore on, disturbing reports began to surface that someone on the faculty was instructing students to conduct…
  • Mar 13

    When You Must Read Aloud in Court

    When You Must Read Aloud in Court
    by Marsha Hunter How hard can it be to read out loud in court? Surprisingly difficult and strangely tricky! 99.5% of the talking you do in court is extemporaneous. The other .05% of courtroom speech is one of two kinds: memorized verbatim…
Rank this Week: 1522

ClassActionBlawg.com

ClassActionBlawg.com

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

http://classactionblawg.com
Rank this Week: 1766

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/
  • Apr 21

    Equity-Indexed Structured Settlement

    Equity-Indexed Structured Settlement
    In a market desperate for innovation, Pacific Life Insurance Company appears to have answered the call with a new, optional "Indexed-Linked Annuity Adjustment Payment Rider" (ILAAPR) for its structured settlement products. Although life…
  • Apr 15

    WCMSA Self-Administration Toolkit

    WCMSA Self-Administration Toolkit
    Continuing a series of workers compensation (WC) Medicare set-aside (MSA) regulatory compliance initiatives, the Centers for Medicare and Medicaid Services (CMS) has published a WCMSA Self-Administration (SA) Toolkit. CMS' stated purposes for…
  • Apr 13

    Person-Centered Planning

    Person-Centered Planning
    Although personal injury settlement planning (settlement planning) might be suggestive of "person-centered planning", (PCP) the latter term has a special meaning for disabled persons. Surprisingly, PCP is rarely, if ever, specifically…
Rank this Week: 754