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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…
  • Sep 30

    Court Of Chancery Upholds New Forum Selection Bylaw

    Court Of Chancery Upholds New Forum Selection Bylaw
    City of Providence v. First Citizens Bancshares Inc., C.A. 9795-CB (September 8, 2014) This is the latest battle in the continuing war over the use of corporate bylaws to affect litigation over corporate internal affairs. Here, the Court…
Rank this Week: 491

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 1

    "Federal appeals court to mull guns in post offices"

    "Federal appeals court to mull guns in post offices"
    "Federal appeals court to mull guns in post offices": The Associated Press has this report previewing a case scheduled for oral argument today at the U.S. Court of Appeals for the Tenth Circuit.
  • Oct 1

    "Texas appeals court upholds DeLay reversal"

    "Texas appeals court upholds DeLay reversal"
    "Texas appeals court upholds DeLay reversal": The Associated Press has this report. Today's 8-to-1 ruling of the Texas Court of Criminal Appeals -- that state's highest court in criminal cases -- consists of a majority opinion, a concurring…
  • Oct 1

    "Can Democrats replace Ginsburg?"

    "Can Democrats replace Ginsburg?"
    "Can Democrats replace Ginsburg?" Joshua Huder had this post recently at the "Rule 22" blog.
Rank this Week: 47

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 1

    Using Social Media? Beware of Ethical Pitfalls (Part 2)

    Using Social Media? Beware of Ethical Pitfalls (Part 2)
    The following is a guest blog post by Jonathan Rubens, a principal at Javid Rubens LLP in San Francisco, which represents clients in business transactions and advises them on data security, privacy, trademark and copyright issues.  With…
  • Sep 29

    Using Social Media? Beware of Ethical Pitfalls (Part 1)

    Using Social Media? Beware of Ethical Pitfalls (Part 1)
    The following is a guest blog post by Jonathan Rubens, a principal at Javid Rubens LLP in San Francisco, which represents clients in business transactions and advises them on data security, privacy, trademark and copyright issues. Attorneys…
  • Sep 26

    Coordinate Your Discovery Method

    Coordinate Your Discovery Method
    Often you can use more than one discovery method to get the same facts or evidence. You can take a pick-and-choose approach to your methodology, or better yet, use a coordinated approach that aims multiple discovery methods at the same…
Rank this Week: 416

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 719

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Oct 1

    Companies Leading the Charge on Carbon Pricing

    Companies Leading the Charge on Carbon Pricing
    While it is unlikely that the 113th Congress will take any action on climate change (especially not in advance of the November 2014 elections),  many major public companies aren’t waiting for Congressional action and are instead…
  • Sep 24

    The Challenge of Addressing Environmental Stigma Claim

    The Challenge of Addressing Environmental Stigma Claim
    The often uncertain nature of environmental stigma claims has resulted in diverse and often confusing jurisprudence. Stigma damage claims seek recovery of damages to the reputation of the realty.  Stigma damages represent the…
  • Sep 17

    New Domestic Violence Leave Law in Massachusett

    New Domestic Violence Leave Law in Massachusett
    At the same time NFL Commissioner Roger Goodell faces tough questions about Ray Rice, a new domestic violence law went into effect in Massachusetts.  Employers with 50 or more employees must now provide employees who are victims of…
Rank this Week: 418

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
  • Oct 1

    Companies Leading the Charge on Carbon Pricing

    Companies Leading the Charge on Carbon Pricing
    While it is unlikely that the 113th Congress will take any action on climate change (especially not in advance of the November 2014 elections),  many major public companies aren’t waiting for Congressional action and are instead…
  • Sep 24

    The Challenge of Addressing Environmental Stigma Claim

    The Challenge of Addressing Environmental Stigma Claim
    The often uncertain nature of environmental stigma claims has resulted in diverse and often confusing jurisprudence. Stigma damage claims seek recovery of damages to the reputation of the realty.  Stigma damages represent the…
  • Sep 17

    New Domestic Violence Leave Law in Massachusett

    New Domestic Violence Leave Law in Massachusett
    At the same time NFL Commissioner Roger Goodell faces tough questions about Ray Rice, a new domestic violence law went into effect in Massachusetts.  Employers with 50 or more employees must now provide employees who are victims of…
Rank this Week: 613

Information Governance Engagement…

Information Governance Engagement Area

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

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

    Chasing Data: An eDiscovery Report

    Chasing Data: An eDiscovery Report
    By Shane SchickExtract: Choosing an e-discovery solution means addressing several interconnected issues. Product demos can be impressive, but don’t be fooled: a tool’s features can be the least important factor for you to…
  • Sep 30

    Total Review Cost of Training Selection Method

    Total Review Cost of Training Selection Method
    By William WebberMy previous post described in some detail the conditions of finite population annotation that apply to e-discovery. To summarize, what we care about (or at least should care about) is not maximizing classifier accuracy in…
  • Sep 29

    Is the IRS’s Inability to Find Emails the Result of Unethical Behavior?

    Is the IRS’s Inability to Find Emails the Result of Unethical Behavior?
    By Ralph LoseyThe IRS seems inherently incapable of finding emails. The most famous incident that everyone has heard about, and many have complained about, is the loss of emails of key witnesses in a Congressional investigation…
Rank this Week: 29

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • Oct 1

    ASNP Settlement Planning Webinar Series - 1

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

    Fall 2014 Educational Resource

    Fall 2014 Educational Resource
    During this transitional era for both settlement planning and the primary and secondary structured settlement markets, participating professionals are fortunate to have multiple educational opportunities this Fall to update and expand their…
  • Sep 2

    Potential "Game Changing" S2 PLR

    Potential "Game Changing" S2 PLR
    The Internal Revenue Service (IRS) has issued a Private Letter Ruling (PLR-143928-13) dated August 29, 2014 approving favorable tax treatment for a structured settlement annuity with annual payment adjustments based on the performance of the…
Rank this Week: 303

Juries

Juries

Examines interesting and new developments regarding grand juries and trial juries. By Thaddeus Hoffmeister.

http://juries.blogspot.com/
  • Oct 1

    Argument for Non-Citizen Juror

    Argument for Non-Citizen Juror
    The article below and the study it cites makes a strong argument for allowing non-citizen jurors. According to the article, in criminal proceedings, non-citizens face higher sentences than those who are citizens. The article goes on to say…
  • Sep 30

    Jury New

    Jury New
    SCOTUS Blog: Argument preview: Justices to resolve circuit split on juror testimony ...WDTN: Selecting jurors to choose life or death for AriasNWTimes: Lawyers argue over juror anonymity in gang trialPittsburgh Post Gazette: Alternate jurors'…
  • Sep 29

    Jurors Who Lie on Voir Dire

    Jurors Who Lie on Voir Dire
    Neil Joel DilloffMelissa Rubin RothAbstract (to read the entire article go here)You have spent several hours selecting a jury in a civil case. In accordance with the usual Maryland procedure, the jurors were sworn and the trial judge…
Rank this Week: 1302

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Oct 1

    Argument for Non-Citizen Juror

    Argument for Non-Citizen Juror
    The article below and the study it cites makes a strong argument for allowing non-citizen jurors. According to the article, in criminal proceedings, non-citizens face higher sentences than those who are citizens. The article goes on to say…
  • Sep 30

    Jury New

    Jury New
    SCOTUS Blog: Argument preview: Justices to resolve circuit split on juror testimony ... WDTN: Selecting jurors to choose life or death for Arias NWTimes: Lawyers argue over juror anonymity in gang trial Pittsburgh Post Gazette: Alternate…
  • Sep 29

    Jurors Who Lie on Voir Dire

    Jurors Who Lie on Voir Dire
    Neil Joel Dilloff Melissa Rubin Roth Abstract (to read the entire article go here) You have spent several hours selecting a jury in a civil case. In accordance with the usual Maryland procedure, the jurors were sworn and the trial...
Rank this Week: 823

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Oct 1

    Collateral Estoppel of a UIM Claim Upheld in a Slightly Different Context

    Collateral Estoppel of a UIM Claim Upheld in a Slightly Different Context
    In the recent past, several cases have been summarized here in which a variety of courts have held that where a third party arbitration in an auto accident case results in an award that is less than the tortfeasor's liability limits, the…
  • Sep 29

    Tort Talk Expo 2014 a Success -- THANKS VERY MUCH

    Tort Talk Expo 2014 a Success -- THANKS VERY MUCH
    Over 100 people were in attendance at Friday's TORT TALK EXPO 2014 which took place at the Mohegan Sun Casino Hotel in Wilkes-Barre, Pennsylvania.  The seminar was followed by an outdoor Cocktail Reception on a beautiful Fall…
  • Sep 26

    A Sampling of Post-Koken Jury Verdicts From Around the Commonwealth To Date

    A Sampling of Post-Koken Jury Verdicts From Around the Commonwealth To Date
    Below is a sampling of Post-Koken jury verdict results uncovered to date from a review of cases that have gone up the appellate ladder and from research on verdicts from valid sources such as the Pennsylvania Law Weekly.This list is NOT…
Rank this Week: 382

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 1

    19 Ways in Which the World Has Changed Since 1995

    19 Ways in Which the World Has Changed Since 1995
      by Ken LopezFounder/CEOA2L Consulting Today marks A2L Consulting's 19th anniversary. Almost 20 years ago, I began planning to set up this company even while I was finishing law school. Now we are one of a small handful of top…
  • Sep 25

    $300 Million of Litigation Consulting and Storytelling Validation

    $300 Million of Litigation Consulting and Storytelling Validation
      by Ken LopezFounder/CEOA2L Consulting A2L supported a major win at trial last week, and the lessons from that win are extremely useful for any litigator. The case involved two of the world's top litigation law firms and, respectively,…
  • Sep 25

    The Top 5 Qualities of a Good Lawyer

    The Top 5 Qualities of a Good Lawyer
      by Ken LopezFounder/CEOA2L Consulting I'm often asked for advice on hiring a lawyer. In fact, I refer about two dozen cases/clients out to trustworthy lawyers each year. Usually, they range in value from family law-types of cases to…
Rank this Week: 1331

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 1

    Wednesday round-up

    Wednesday round-up
    The Court is scheduled to resume oral arguments in just a few days, and so previews of the upcoming Term and the cases on the Court’s docket continue.  Chantal Valery of Agence France-Presse looks at the Term as a whole, noting…
  • Sep 30

    Petition of the day

    Petition of the day
    The petition of the day is: Cuti v. United States 13-1491 Issue: Whether a witness may give opinion testimony based in part on specialized knowledge and in part on personal experience, including answering counterfactual hypothetical…
  • Sep 30

    Federal judge limits health care subsidie

    Federal judge limits health care subsidie
    Deepening the controversy over tax subsidies to help lower-income workers obtain health insurance, a federal trial judge in Oklahoma on Tuesday barred those credits for individuals who shop for coverage on marketplaces run by the…
Rank this Week: 12

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 2461

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Oct 1

    Admissibility of brain scans in criminal trial

    Admissibility of brain scans in criminal trial
    It’s been a while since we’ve done an update on neurolaw issues and we think you’ll want to read the entire article upon which this post is based. The article is published in Court Review: Journal of the American Judges…
  • Sep 29

    Simple Jury Persuasion: Should you consider 3-D for your courtroom videos?

    Simple Jury Persuasion: Should you consider 3-D for your courtroom videos?
    Evidence admissibility issues aside, the answer is, “only if you can do it as well as they did in the 3D movie Polar Express”. As it turns out, 3D isn’t that much more impactful than 2D unless it’s done really, really…
  • Sep 26

    Would you prefer a smaller government? Actually, no you would not. 

    Would you prefer a smaller government? Actually, no you would not. 
    For a number of years now, we have been asking our mock jurors what role they think government should play in our society and giving them a number of options among which to choose. Most of them say government should play a smaller role…
Rank this Week: 528

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Oct 1

    The Boundary Lines of Voir Dire (Picking the Jury vs. Priming the Jury)

    The Boundary Lines of Voir Dire (Picking the Jury vs. Priming the Jury)
    “If the evidence were to show that the plaintiff injured himself because of his own stupidity, would you be able to find it within yourself to award him no money even if you find he was badly injured, again, by his ……
  • Sep 30

    Human Error v. Flawed Table Saw Design: A Duluth Jury Will Decide?

    Human Error v. Flawed Table Saw Design: A Duluth Jury Will Decide?
    Update (September 30, 2014): Any experience with the table saw pictured at left or one like it? Do you think that experience would make you a better juror or a worse one in a case against a saw manufacturer based on a ……
  • Sep 29

    When Is Speculation Illegal “Gambling”? When is Risk-Sharing “Immoral”?

    When Is Speculation Illegal “Gambling”? When is Risk-Sharing “Immoral”?
    Update (September 29, 2014): Plaintiffs in the putative class action described below signed a contract promising to bring any lawsuit under the contract in Illinois state court (Cook County). Then they filed their lawsuit against Oasis Legal…
Rank this Week: 120

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 1

    Influential But Uninformed: What Scotus Knows About Policing

    Influential But Uninformed: What Scotus Knows About Policing
    Seth W. Stoughton, Policing Facts, 88 Tulane L. Rev. 847 (2014).Elizabeth JohSift through any number of Fourth Amendment decisions from the Supreme Court, and you will find many general observations about the police: that theirs is a…
  • Sep 30

    Judicial Retention Meets Due Proce

    Judicial Retention Meets Due Proce
    Martin H. Redish & Jennifer Aronoff, The Real Constitutional Problem with State Judicial Selection: Due Process, Judicial Retention, and the Dangers of Popular Constitutionalism, Wm. & Mary L. Rev. (forthcoming, 2014), available at…
  • Sep 29

    Corporate Privacy

    Corporate Privacy
    Elizabeth Pollman, A Corporate Right to Privacy, 99 Minn. L. Rev. (forthcoming, 2014) available at SSRN.Tom C.W. LinProfessor Elizabeth Pollman explores the validity and scope of a constitutional right to privacy for corporations in a…
Rank this Week: 417

eDiscovery Daily Blog

eDiscovery Daily Blog

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

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

    The Files are Already Electronic, How Hard Can They Be to Load? - Best of eDiscovery Daily

    The Files are Already Electronic, How Hard Can They Be to Load? - Best of eDiscovery Daily
    Since hard copy discovery became electronic discovery, I’ve worked with a number of clients who expect that working with electronic files in a review tool is simply a matter of loading the files and getting started. Unfortunately,…
  • Sep 29

    When Preparing Production Sets, Quality is Job 1 - Best of eDiscovery Daily

    When Preparing Production Sets, Quality is Job 1 - Best of eDiscovery Daily
    Yesterday, we talked about addressing parameters of production up front to ensure that those requirements make sense and avoid foreseeable production problems well before the production step. Today, we will talk about quality control (QC)…
  • Sep 28

    Production is the "Ringo" of the eDiscovery Phases - Best of eDiscovery Daily

    Production is the "Ringo" of the eDiscovery Phases - Best of eDiscovery Daily
    Most of the “press” associated with eDiscovery ranges from the “left side of the EDRM model” (i.e., Information Management, Identification, Preservation, Collection) through the stages to prepare materials for…
Rank this Week: 3833

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Sep 30

    Amendments to Superior Court Rules of Civil Procedure

    Amendments to Superior Court Rules of Civil Procedure
    Effective September 4, 2014, the Superior Court amended and adopted several miscellaneous Superior Court Rules.  A copy of the amendements can be found here. The first amendment is to Rule 6 and addresses additional time provided to…
  • Sep 29

    Supreme Court Reverses Denial Of Alimony Obligor’s Motion To Reopen

    Supreme Court Reverses Denial Of Alimony Obligor’s Motion To Reopen
    In the matter of Taylor v. Taylor, the Delaware Supreme Court examined the trial court’s denial of Mr. Taylor’s application to reopen an alimony order entered in default of any appearance by him.  Mr. Taylor…
  • Aug 31

    Supreme Court Analyses of Excusable Neglect Standard

    Supreme Court Analyses of Excusable Neglect Standard
    The Delaware Supreme Court recently analyzed the standard of excusable neglect sufficient to vacate a default judgment.  In the case of Christiana Mall, LLC v. Emory Hill and Company (opinion here), Christiana Mall sought to overturn the…
Rank this Week: 2555

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 30

    Governor Facing Gun Restraining Order Bill Deadline in California

    Governor Facing Gun Restraining Order Bill Deadline in California
    Jerry Brown, California’s present governor, will have until Tuesday of this week to veto or sign a bill that would let people make a petition to the judge --- to take any firearm temporarily from an immediate member who may pose a threat to…
  • Sep 30

    Federal Court Makes Ruling Against Subsidies in Health Law

    Federal Court Makes Ruling Against Subsidies in Health Law
    An Oklahoma federal judge early this week halted subsidies available to certain consumers who have bought insurance coverage via healthcare-exchanges. The ruling is another recent indicator that the issue will ultimately fall to the U.S.…
  • Sep 23

    Former Dewey Executive Struggling to Shake off $9M Case

    Former Dewey Executive Struggling to Shake off $9M Case
    A bankruptcy judge early this week halted an attempt by an ex-executive for Dewey & LeBoeuf LLP to shoot down a lawsuit he owed the now-defunct law firm creditors for $9.3 million. The bankruptcy trustee for Dewey a few months back sued…
Rank this Week: 228

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

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

    Say "No" to a Low Settlement Offer When You Say "Yes" to Lawsuit Funding

    Say "No" to a Low Settlement Offer When You Say "Yes" to Lawsuit Funding
    Lawsuit funding is a non-recourse cash advance against a pending settlement. Many refer to this service as a "lawsuit loan," although it is not a loan; in fact, it is quite different. Unlike a traditional loan, when receiving lawsuit funding…
  • Sep 29

    Litigation Funding Fills a Financial Gap While You Wait For Justice

    Litigation Funding Fills a Financial Gap While You Wait For Justice
    In most lawsuits, achieving fair compensation can take a long time. Unfortunately, time is one thing most plaintiffs don't have especially if unable to work and falling behind on the bills. Because lawsuits can drag on for years, without a…
  • Sep 29

    One Year Later Physical and Emotional Scars Remain; Financial Ones Don’t have to with Litigation Funding

    One Year Later Physical and Emotional Scars Remain; Financial Ones Don’t have to with Litigation Funding
    Imagine getting immediate financial relief for your wrongful death lawsuit instead of years from now. With litigation funding, this financial assistance is possible. The parents of a woman killed in a gas explosion have filed a wrongful…
Rank this Week: 4349

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/
  • Sep 30

    CRF Honors Clerk Joseph Lane + LACBA ACS event

    CRF Honors Clerk Joseph Lane + LACBA ACS event
    This afternoon at the Bonaventure Brewing Co. in Downtown LA, the Constitutional Rights Foundation presents is annual Cobey Honors Awards, which include and award for Joseph Lane, Clerk of the Second District Court of Appeal for the Appellate…
  • Sep 25

    From appellate practice to safer streets, via hoagies...

    From appellate practice to safer streets, via hoagies...
    Law360 reports here that LA appellate lawyer Jules Zeman, former head of Haight Brown's appellate practice, has now joined McKenna Long & Aldridge.Zeman is a double-Temple grad,so he may be able to opine about where to get a good hoagie…
  • Sep 23

    MCLE webcasts & FBA Program

    MCLE webcasts & FBA Program
    What to watch for in the U.S. Supreme Court's Fall 2014 Term is a Free MCLE webcast at noon on Sept. 29, sponsored by the DJ featuring Dean Erwin Chemerinsky leading a panel of appellate lawyers -- Vik Amar, M.C. Sungaila, and John…
Rank this Week: 288

Federal Criminal Lawyer Blog

Federal Criminal Lawyer Blog

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

http://www.georgiafederalcriminallawyerblog.com/
  • Sep 30

    Update on DOJ's Decision to Reverse Course on Appellate Waiver

    Update on DOJ's Decision to Reverse Course on Appellate Waiver
    Yesterday, we posted a blog entry concerning an anticipated announcement by Eric Holder involving the Department of Justice's decision to stop requiring appellate waiver provisions in plea agreements in federal court. Although the…
  • Sep 29

    Department of Justice Expected to End Insistence on Waiver of Appellate Right

    Department of Justice Expected to End Insistence on Waiver of Appellate Right
    If reports are true, those of us that handle federal criminal cases here in Atlanta and elsewhere received some much welcomed news this morning. It is being reported by Law 360 that within the next week or so, Eric Holder is expected to…
  • Sep 26

    Search of Different Cellphone Seven Years After Alleged Crime Called OK by Federal Court of Appeal

    Search of Different Cellphone Seven Years After Alleged Crime Called OK by Federal Court of Appeal
    Federal criminal cases are no different than cases brought in state courts such as Georgia, Florida or Alabama. The explosion of technology requires courts to balance the needs of law enforcement with the protections for individual liberty…
Rank this Week: 901

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: 1518

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: 2868

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

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

    The Last Frontier: Alaska Murder Seeks Admission of Results of Two Polygraph Exam

    The Last Frontier: Alaska Murder Seeks Admission of Results of Two Polygraph Exam
    According to an article in the New Miner (Alaska), The attorney for a woman accused of killing her 18-month-old son in November hopes the court will admit evidence from a polygraph test the defense believes will help absolve her of...
  • Sep 29

    Telling Lies in America: New Jersey Class Action Challenges Use of Polygraph Exams For Sex Offenders on Parole

    Telling Lies in America: New Jersey Class Action Challenges Use of Polygraph Exams For Sex Offenders on Parole
    I've written before about what could be seen as an inconsistency in the American criminal justice system: Polygraph evidence is inadmissible to prove a defendant's innocence (or guilt) at trial, and yet such evidence is routinely admitted for…
  • Sep 29

    Twitter Evidence in White House Shooting

    Twitter Evidence in White House Shooting
    This weekend's Washington Post had an eye opening story on a previously unreported shooting back in a 2011. Among the revelations was that someone posted a tweet about the shooting at the time. From the story: A woman in a...
Rank this Week: 403

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/
  • Sep 30

    U.S. Supreme Court Grants Stay on Early Voting Issue in Ohio

    U.S. Supreme Court Grants Stay on Early Voting Issue in Ohio
    The Washington Post has reported that yesterday five of the U.S. Supreme Court Justices agreed to enter an Order granting the State of Ohio’s Application for Stay and Request for Preliminary Injunction to stop enforcement of a court order…
  • Sep 28

    Brown Bettman on Ohio v. Quarterman on Failure to Preserve Constitutional Issues for Appellate Review

    Brown Bettman on Ohio v. Quarterman on Failure to Preserve Constitutional Issues for Appellate Review
    The Ohio Supreme Court issued an opinion last week in State v. Quarterman regarding the failure to preserve constitutional issued for appellate review. Marianna Brown Bettman (University of Cinncinnati) has this post detailing the decision on…
  • Sep 24

    Nevada Ponders Intermediate Appellate Court

    Nevada Ponders Intermediate Appellate Court
    The November ballot in Nevada will include the opportunity to vote for a constitutional amendment to create an intermediate appellate court. My experience with Nevada courts is limited to involvement with some cert petitions from the Nevada…
Rank this Week: 2659

A Winning Tip

A Winning Tip

Features trial tips from a trial consultant. By Dr. Noelle Nelson.

http://awinningtip.blogspot.com/
  • Sep 30

    The Eyes Have It: Does Your Witness Know How to Look at Jurors?

    The Eyes Have It: Does Your Witness Know How to Look at Jurors?
    Telling your witness to look at the jurors during their testimony without teaching them how to do so can be fatal to your case.  A scared, anxious witness may only dare a quick terrified glance mid-sentence at the jurors, which confirms…
  • Sep 2

    "You Need a Timeline!"

    "You Need a Timeline!"
    Timelines are essential to just about any case. I’ve been teased by various attorneys I’ve worked with that I always recommend a timeline, and indeed it’s true.But there is method to my repeated "You need a timeline!"…
  • Jul 31

    It Takes A Village: Yet Another Focus Group Advantage

    It Takes A Village: Yet Another Focus Group Advantage
    I consulted on a case recently where one of the possible witnesses was an individual in a highly respected line of work. This person had some 30-odd years ago been involved in criminal activity, but in the years since had made a wonderful…
Rank this Week: 4189

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: 1170

Oregon Business Litigation

Oregon Business Litigation

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. By Ater Wynne.

http://www.aterwynneblog.com/oregon_business_litigatio/
  • Sep 30

    California will require supervisor training to prevent workplace bullying

    California will require supervisor training to prevent workplace bullying
    California recently became the second state to pass a law acknowledging the problem of workplace bullying. The first state to do so was Tennessee. Effective January 1, 2015, California’s existing law mandating sexual harassment training…
  • Jun 6

    Oregon Supreme Court recognizes law firm "in house" privilege

    Oregon Supreme Court recognizes law firm "in house" privilege
    The Oregon Supreme Court held last week that the attorney-client privilege applies to communications between a law firm's lawyers and the firm's in-house counsel. In Crimson Trace Corp. v. Davis Wright Tremaine LLP, plaintiff sued its lawyers…
  • May 27

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer

    Angencies continue to attack restrictions on employee speech: Part 3 -- Lessons for employer
    As discussed in our earlier posts (Part 1 and Part 2), the EEOC and NLRB have in recent years targeted employers who impose restrictions on employee speech and conduct that could chill employees' exercise of their rights under the NLRA...
Rank this Week: 777

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Sep 30

    Equal Pay Act Claim Requires Equal "Job Content", Second Circuit Hold

    Equal Pay Act Claim Requires Equal "Job Content", Second Circuit Hold
    Equal pay for equal work The Equal Pay Act of 1963, 29 U.S.C. 206(d), mandates equal pay for "equal work". But what does "equal work" mean? A ruling by the Second Circuit focuses on the "content" of the…
  • Sep 29

    Dow Loses $1.2 Billion Price-Fixing Appeal; Large Victory for Class Action

    Dow Loses $1.2 Billion Price-Fixing Appeal; Large Victory for Class Action
    Big damages . . . and a big win for class actions A Tenth Circuit panel of judges has upheld a $1.2 billion verdict and judgment against Dow Chemical for its role in a price-fixing conspiracy that involved urethane chemical...
  • Sep 25

    Quote of the Day: Paul W. Green

    Quote of the Day: Paul W. Green
    With Texas now hosting many of the world’s largest corporations,* our public policy has shifted from a patriarchal one in which we valued uniform treatment of Texas employees from one employer to the next above all else, to one in...
Rank this Week: 452

Class Action Fairness Act Blog

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/
  • Sep 30

    Jail Term Not a Bar For Jail Inmate’s Ability to Communicate

    Jail Term Not a Bar For Jail Inmate’s Ability to Communicate
    Underwood v. Menfre, 2014 WL 67644 (M.D. Fla. Jan. 8, 2014). Aggrieved by her inability to write letters to her husband with sensitive, personal information, and send him inter alia photographs, drawings, and newspaper clippings, the…
  • Sep 29

    Merchandise Certificates are Not Coupons And Therefore CAFA Did Not Apply to Louis Vuitton Settlement

    Merchandise Certificates are Not Coupons And Therefore CAFA Did Not Apply to Louis Vuitton Settlement
    Morey v. Louis Vuitton N. America, Inc., 2014 WL 109194 (S.D. Cal. Jan. 9, 2014). A District Court granted final approval to a settlement reached between the parties holding that the settlement was fair and reasonable, and that because the…
  • Sep 26

    Suit on behalf of All Taxpayers in a State is Deemed a Class Action Under CAFA

    Suit on behalf of All Taxpayers in a State is Deemed a Class Action Under CAFA
    Brown v. Mortgage Elec. Reg. Systems, Inc., 2013 WL 6851088 (8th Cir. Dec. 31, 2013) The Eighth Circuit affirmed the order of a District Court denying a Plaintiff’s motion to remand holding that, because Arkansas cases involving the…
Rank this Week: 201

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 30

    Miss. Supreme Court Reinstates $1.1 Million Jury Verdict

    Miss. Supreme Court Reinstates $1.1 Million Jury Verdict
    Last week in a 5-3 split, the Mississippi Supreme Court reversed a trial court JNOV and reinstated a jury verdict of $1,161,000 in Cheeks v. Autozone, Inc. Here is the Court’s opinion. Here is my 2012 post on the verdict. The…
  • Sep 29

    $10.5 Million Jury Verdict in Retrial of Products Liability Case

    $10.5 Million Jury Verdict in Retrial of Products Liability Case
    I’m hearing reports of a $10.5 million jury verdict in Coahoma County on Friday in Applewhite v. Hyundai Motor America. The case was originally tried in 2008 with a $4.5 million plaintiff verdict. In 2011 the Mississippi Supreme Court…
  • Sep 22

    Parties Settle in Caps Challenge Case

    Parties Settle in Caps Challenge Case
    Those legal nerds observers looking forward to the big oral argument Wednesday in the case where the trial judge ruled that Mississippi’s damages caps are unconstitutional will be disappointed with this: the Court cancelled oral…
Rank this Week: 143

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Sep 29

    Statistics Expert Allowed to Testify in Real Estate Backed Securities Dispute

    Statistics Expert Allowed to Testify in Real Estate Backed Securities Dispute
    CMFG Life Insurance Co., et al. v. RBS Securities, Inc., No. 12-cv-037-wmc, U.S. District Court, Western District of Wisconsin; July 23, 2014 Background: Plaintiffs CMFG Life Insurance Company and its...The post Statistics Expert Allowed to…
  • Sep 29

    Pennsylvania Judge Denies Insurer’s Motion to Exclude Accounting Expert in Business Shutdown

    Pennsylvania Judge Denies Insurer’s Motion to Exclude Accounting Expert in Business Shutdown
    Case: U.S. Fire Insurance Co. v. Kelman Bottles, No. 11cv0891, U.S. District Court for the Western District of Pennsylvania; Aug. 8, 2014 Background: Kelman Bottles owns a glass manufacturing facility....The post Pennsylvania Judge Denies…
  • Sep 29

    Forensic Pathology Expert Discusses Vascular Malformations of the Brain

    Forensic Pathology Expert Discusses Vascular Malformations of the Brain
    Vascular malformations of the brain are classified into four principal groups: arteriovenous malformations, cavernous malformations, capillary telangiectasis and venous angiomas. Of these, the first two are the types associated with...The…
Rank this Week: 1208

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
  • Sep 29

    EP Paper on future of European Private International Law

    EP Paper on future of European Private International Law
    In a workshop of the European Parliament’s JURI Committee on Upcoming issues of EU Law, that took place on 24th September, papers were presented on five selected topics: the application of EU Law (Wolfgang Heusel), the implementation of…
  • Sep 22

    Second Issue of 2014′s Rivista di diritto internazionale privato e processuale

    Second Issue of 2014′s Rivista di diritto internazionale privato e processuale
     (I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP) The second issue of 2014 of the Rivista di diritto internazionale privato e processuale…
  • Sep 22

    Volume on German Case Law on Private International Law

    Volume on German Case Law on Private International Law
    The Max Planck Institute for Comparative and Private International Law as released the latest volume of its annual series on German case law in matters of private International law (“Die deutsche Rechtsprechung auf dem Gebiet des…
Rank this Week: 39

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/
  • Sep 29

    Settlement Purchaser used Fake Fiverr Testimonial to Mislead Consumer

    Settlement Purchaser used Fake Fiverr Testimonial to Mislead Consumer
    A settlement purchaser who will remain nameless (for now) purchased a testimonial off Fiverr.com and presented a fake testimonial as a real customer who had sold their structured settlement to the... This is a content summary only. Please…
  • Sep 29

    Avoid Headaches! Mediation Agreement Should Address Structured Settlement

    Avoid Headaches! Mediation Agreement Should Address Structured Settlement
    If your case settles at mediation and there is a wisp of thought of the possibility of a structured settlement, be sure to document the possibility in the mediation agreement.. A lack of attention to... This is a content summary only. Please…
  • Sep 28

    The Annuity Guys Case Study, Is "Bill" or Is it Really "Jim", or Vice Versa?

    The Annuity Guys Case Study, Is "Bill" or Is it Really "Jim", or Vice Versa?
    Annuity Guys is a purveyor of "pre owned annnuities". In support of its marketing efforts, Annuity Guys offer two case studies, one of which is a retiring couple " Bill and Cindy". I thought... This is a content summary only. Please click…
Rank this Week: 66

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 81

E-Discovery Beat

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/
  • Sep 29

    Considering the Potential Impacts of a New FRCP Rule 37(e) on Legal Hold Practice

    Considering the Potential Impacts of a New FRCP Rule 37(e) on Legal Hold Practice
    By: Andrew Bartholomew Earlier this month, the Judicial Conference of the United States approved the proposed amendments to the Federal Rules of Civil Procedure (FRCP), moving them one step closer to final passage. Among the proposed…
  • Sep 25

    Illustrated Highlights from Exterro’s inFusion`14 E-Discovery User Conference

    Illustrated Highlights from Exterro’s inFusion`14 E-Discovery User Conference
    By: Andrew Bartholomew Earlier this month Exterro held its fifth-annual annual inFusion `14 user conference. The conference comprises educational sessions, Exterro product training and networking events. You can view the full agenda and see…
  • Sep 24

    Law Firms Facing Disruptive Changes Impacting E-Discovery and Other Legal Service

    Law Firms Facing Disruptive Changes Impacting E-Discovery and Other Legal Service
    By: Andrew Bartholomew A new report issued by Georgetown Law and Peer Monitor contends that disruptive forces have forced law firms to re-examine their traditional business models and embrace change in how legal services are delivered.…
Rank this Week: 4666

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 248

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/
  • Sep 29

    Supreme Court Dismisses IndyMac Case on Statute of Limitations in Class Action

    Supreme Court Dismisses IndyMac Case on Statute of Limitations in Class Action
    SCOTUSblog reports that the Court dismissed the writ of certiorari in Public Employees' Retirement System v. IndyMac MBS, Inc. as improvidently granted. The issue in the case was whether the filing of a putative class action serves, under…
  • Sep 17

    Freer on the New General Jurisdiction

    Freer on the New General Jurisdiction
    Rich Freer (Emory) has posted on SSRN a draft of his article, Four Specific Problems with the New General Jurisdiction, which will be published in the Nevada Law Journal. Here’s the abstract: General in personam jurisdiction allows a court…
  • Sep 16

    Judicial Conference Passes Proposed FRCP Amendment

    Judicial Conference Passes Proposed FRCP Amendment
    The National Law Journal reports that the Judicial Conference passed the proposed amendments to the Federal Rules of Civil Procedure today. The amendments next to go the Supreme Court for approval.
Rank this Week: 637

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • 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…
  • Sep 10

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations…
  • Aug 20

    “The Best Lawyers in America” list

    “The Best Lawyers in America” list
    I am honored that my peers have once again voted to include me in “The Best Lawyers in America” list.  
Rank this Week: 4746

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/
  • Sep 29

    Virginia Student May Sue a Principal for a Cell Phone Search

    Virginia Student May Sue a Principal for a Cell Phone Search
    A Virginia federal district court recently ruled that a student has the right to sue his high school principal after the school official conducted a search of the student's cell phone. The student, identified in the lawsuit only as W.S.G.,…
  • Sep 19

    NLRB Opinion May Make McDonald's Joint Employers with Franchisee

    NLRB Opinion May Make McDonald's Joint Employers with Franchisee
    American business has long relied upon the franchise model. Brands like McDonald's grant individuals a license for the right to use their trademarks and sell their products. McDonald's also gives franchisees marketing plans and operations…
  • Sep 12

    LinkedIn Settles Lawsuit Over Sales Department Wage

    LinkedIn Settles Lawsuit Over Sales Department Wage
    Last month LinkedIn agreed to pay approximately $6 million in overtime to 359 current employees. The settlement is based on investigation by the U.S. Department of Labor finding that the company violated federal wage laws.LinkedIn reached a…
Rank this Week: 477

The Courtroom Insight Blog

The Courtroom Insight Blog

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

http://blog.courtroominsight.com/
Rank this Week: 704

White Collar Defense and…

White Collar Defense and Compliance

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

http://whitecollarcrime.foxrothschild.com/
Rank this Week: 1930

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/
  • Sep 29

    Check Your Mock Trial Against This List of Thirteen Best Practice

    Check Your Mock Trial Against This List of Thirteen Best Practice
    By Dr. Ken Broda-Bahm: I have learned from talking with clients that the phrase “mock trial” can refer to many different things. There is a common core -- mock jurors hearing parts of a case and deliberating while you watch -- but beyond…
  • Sep 25

    Diversify

    Diversify
    By Dr. Ken Broda-Bahm: One of my pet peeves is referring to individuals as "diverse." For example, it's never felt right hearing something like, "The firm is pleased to announce three new diverse hires." I understand that…
  • Sep 22

    Mind the Backlash: The Reptile's Adventures in Scotland

    Mind the Backlash: The Reptile's Adventures in Scotland
    By Dr. Ken Broda-Bahm: British Prime Minister David Cameron is breathing easier after voters in Scotland rejected independence last week. For Great Britain, it will go down in history as one of the greatest modern political gambles. The vote…
Rank this Week: 4632