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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…
  • Nov 19

    Charles H. Toliver, IV Presented Justice Thurgood Marshall Award

    Charles H. Toliver, IV Presented Justice Thurgood Marshall Award
    The Delaware Barristers Association awarded Morris James partner, Charles H. Toliver, IV, the Justice Thurgood Marshall Award at the Louis L. Redding Benefit and Awards Gala on November 14, 2014. The Justice Thurgood Marshall Award is an…
Rank this Week: 1483

Law Offices of Joseph C. Markowitz

Law Offices of Joseph C. Markowitz

Discusses civil procedure, trial practice, employment law and other issues.

http://www.jcmarkowitz.com/
  • Nov 23

    Trial

    Trial
    The vast majority--far more that 90%--of civil cases are never going to trial. They are mostly going to be resolved by default, or by motion, or by negotiated settlement. And if by settlement, that will happen between the parties themselves…
  • Jun 12

    Tesla patent

    Tesla patent
    While not very impressive grammatically, the statement published today on Tesla's website that "all our patent are belong to you" might have some earthshaking consequences in the intellectual property world. Tesla has decided that in the…
  • Jun 5

    Employment Claims and the DFEH

    Employment Claims and the DFEH
    I heard a talk recently by Phyllis Cheng, the director of the California Department of Fair Employment and Housing ("DFEH"). Ms. Cheng walked through the process of resolving employment claims in the department. For cases not processed by…
Rank this Week: 4171

Litigation and Trial

Litigation and Trial

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

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

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability

    Tincher v. Omega Flex: Five Key Points From Pennsylvania’s New Standard For Strict Liability
      It’s finally here: Tincher v. Omega Flex, the Pennsylvania Supreme Court’s overhaul of strict liability. If you’re unfamiliar with the recent turbulence surrounding strict liability, check out this post of mine from…
  • Nov 21

    Mediation Of A Big Injury Case: A Game Worth Playing?

    Mediation Of A Big Injury Case: A Game Worth Playing?
    A few months ago, in a wrongful death case I have against one of the biggest companies in America, the company’s lawyer asked: will you agree to a mediation?   Our firm founder, Jim Beasley, Sr., had a simple method to mediation:…
  • Nov 11

    Comcast, Kozinski, and The Decline Of Class Action

    Comcast, Kozinski, and The Decline Of Class Action
    Nearly a year ago, I praised an objection Judge Alex Kozinski filed — as a consumer, not a judge — to a proposed class action settlement that he was a part of, and so I was dismayed to see a recent article noting Judge…
Rank this Week: 226

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 33

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/
  • Nov 23

    Why Do Some Structured Settlement Annuitants Sell Until They have Nothing?

    Why Do Some Structured Settlement Annuitants Sell Until They have Nothing?
    Upon information and belief only 7% of structured settlement annuitants sell their structured settlement payment rights, but those that do may engage in multiple transactions, sometimes as many as... This is a content summary only. Please…
  • Nov 21

    EPS Settlements Class Action over ELNY | Hearing Re Motion To Dismi

    EPS Settlements Class Action over ELNY | Hearing Re Motion To Dismi
    In this and a similar lawsuit now pending in Oregon against Ringler Associates, Plaintiffs seek to work around the statute of limitations by alleging, in part, that ELNY annuity contracts were placed... This is a content summary only. Please…
  • Nov 17

    4structures.com 10 Years Accredited Business A+ rated Connecticut BBB

    4structures.com 10 Years Accredited Business A+ rated Connecticut BBB
    4structures.com was recently awarded a plaque by the Connecticut Better Business Bureau for being an Accredited Business for over 10 years, in which 4structures consistently earned an A+ rating. This is a content summary only. Please click on…
Rank this Week: 207

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

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

    Blindness Expert Witness Provides Insight Into Unique Aspects of Damages Case Involving Blindne

    Blindness Expert Witness Provides Insight Into Unique Aspects of Damages Case Involving Blindne
    Blindness is such a small incidence group that there are very few true experts on blindness.  Blindness affects only ½ of 1% of the US population and persons with severe...The post Blindness Expert Witness Provides Insight Into…
  • Nov 23

    Man Commits Suicide After Wrong Cancer Diagnosis, Urology Expert Opine

    Man Commits Suicide After Wrong Cancer Diagnosis, Urology Expert Opine
    Case: Shannon Dux v. United States of America, No. 11 CV 7142, U.S. District Court, N.D. Illinois; Sept. 24, 2014 Background: Doctors at defendant Edward Hines, Jr. Veterans Administration in...The post Man Commits Suicide After Wrong Cancer…
  • Nov 17

    10th Circuit Rejects Engineering Expert Witness in Allegedly Defective Ladder Case

    10th Circuit Rejects Engineering Expert Witness in Allegedly Defective Ladder Case
    Case: Suzanne R. Heer v. Costco Wholesale Corp., et al., No. 14–2009; 10th Circuit U.S. Court of Appeals; Oct. 29, 2014 Background: Suzanne Heer brought a products liability lawsuit against...The post 10th Circuit Rejects Engineering…
Rank this Week: 3451

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
  • Nov 23

    To steward or not to steward, that is the question

    To steward or not to steward, that is the question
    Some thoughts on the ATS by James Amstrong. James has been working internationally as a business process coordinator responsible for a major Oil and Gas company since 2000 in countries such as Korea, Angola, Malaysia and more…
  • Nov 20

    Call for Papers: Testing the stress of the EU – EU law after the financial crisi

    Call for Papers: Testing the stress of the EU – EU law after the financial crisi
    The University of Bayreuth (Germany) and the Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales (Spain), with support from the German Academic Exchange Service (DAAD), will host a joint…
  • Nov 20

    Dutch draft bill on collective action for compensation – a note on extraterritorial application

    Dutch draft bill on collective action for compensation – a note on extraterritorial application
    As many readers will know, the Dutch collective settlement scheme – laid down in the Dutch collective settlement act (Wet collective afhandeling massaschade, WCAM) – has attracted a lot of international attention in recent years…
Rank this Week: 40

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

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

http://trial-technology.blogspot.com/
  • Nov 23

    Trial Tech Tips - TrialDirector Bates Numbering

    Trial Tech Tips - TrialDirector Bates Numbering
    This article is the first in a series entitled “Trial Tech Tips.” Focused on the crossroads of law and technology, and in no particular order, we will share a collection of proven and tested methods for accomplishing a wide…
  • Oct 30

    Microsoft OneDrive Goes Unlimited

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

    Windows 8 and That Annoying Little Toolbar

    Windows 8 and That Annoying Little Toolbar
    If you've upgraded to Windows 8, and are doing anything with dual monitors, you may have seen that little stripe visible at the bottom of your second monitor. If you're in auto-hide mode with the Toolbar, mousing over it brings it up. If not,…
Rank this Week: 2139

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Nov 23

    PTSD Expert Witness Testifies On Clinical Criteria

    PTSD Expert Witness Testifies On Clinical Criteria
    Post traumatic stress expert witness Mitchell Clionsky testified for the defense in the Springfield, MA, lawsuit against nightclub owner Demetrious Konstantopoulos. Cara Lyn Crncic alleges that a 2011 assault by Konstantopoulos has caused her…
  • Nov 17

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2

    Medical Malpractice Expert Witness On Legal Medical Causation Part 2
    In CHIROPRACTIC / MEDICAL MALPRACTICE CAUSATION AND THE DEGENERATIVE SPINE, medical malpractice expert witness Richard K. Skala, DC, writes that the "chiropractic expert will be challenged by the opposing party during deposition and/or trial…
  • Nov 15

    Automotive Expert Witnesses & Hyundai, Kia Settlement

    Automotive Expert Witnesses & Hyundai, Kia Settlement
    Automotive expert witnesses may opine on automotive design, automotive technology, fuel economy and related aspects of the automotive industry. In the news, automakers Hyundai and Kia have agreed to pay a $100 million civil penalty to resolve…
Rank this Week: 686

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: 3250

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Nov 22

    This week at the Court

    This week at the Court
    On Tuesday the Justices will meet for their November 25 Conference. Our list of “Petitions to watch” for that Conference is here.
  • Nov 22

    January arguments, day by day

    January arguments, day by day
    The Supreme Court on Friday released the schedule of oral arguments for the session beginning January 12.  Arguments begin at 10 a.m. each day; each argument will be for one hour.  There will be no afternoon arguments. The daily…
  • Nov 22

    Oklahoma seeks faster health care appeal (UPDATED)

    Oklahoma seeks faster health care appeal (UPDATED)
    UPDATED 11:21 a.m.   The Oklahoma petition for review before the appeals court rules is here.  The state noted it is willing to have its case, if granted, put on the same briefing schedule as King v. Burwell, and asks for a…
Rank this Week: 12

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Nov 21

    So, You Want To Amend Your Complaint . . .

    So, You Want To Amend Your Complaint . . .
    So, you want to amend your complaint to add a claim after the statute of limitations has expired.  Is it possible? The short answer is yes, it may be possible.  As the Superior Court decision recently issued in the…
  • Nov 18

    November Is National Adoption Month!

    November Is National Adoption Month!
    November has been declared National Adoption Month! A Proclamation signed by President Obama designates November as National Adoption Month and states: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year, adoptive…
  • Nov 15

    Family Court – Unique Rules For A Court of Special Jurisdiction Part II

    Family Court – Unique Rules For A Court of Special Jurisdiction Part II
    Any exploration of the unique nature of the Family Court Civil Rules of Civil Procedure must include a review of Rule 26, regarding the general provisions regarding discovery.  In many trial courts, Rule 26…
Rank this Week: 3330

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Nov 21

    Primer on Grand Jurie

    Primer on Grand Jurie
    In light of the fact that the Ferguson grand jury is likely to render its decision in the near future, I thought I would offer some links to sources that provide background information on grand juries. 1. Grand Juries 2....
  • Nov 20

    Law Prof Discusses Juries on NPR

    Law Prof Discusses Juries on NPR
    Professor David Harris of the University of Pittsburgh School of Law provides an excellent overview of the jury to include its history and how jurors are selected. NPR: American Attitudes on Juries and Jury Duty
  • Nov 19

    Court Upholds Conviction Despite Tweets by Two Different Jurors: U.S. v. Liu

    Court Upholds Conviction Despite Tweets by Two Different Jurors: U.S. v. Liu
    A federal district court this week, in U.S. v. Liu et. al, upheld the conviction of three defendants two of whom were attorneys for immigration fraud despite the fact that two different jurors sent out trial-related tweets. The first juror...
Rank this Week: 518

The Conference Room--Answers to…

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

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

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Nov 21

    Can't Give it Away.

    Can't Give it Away.
    I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have…
  • Nov 7

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
  • Oct 30

    A Jury Thank you Letter

    A Jury Thank you Letter
    I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering...
Rank this Week: 1636

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Nov 21

    Wrongful Death Lawsuit Results in $9M Award

    Wrongful Death Lawsuit Results in $9M Award
    If a loved one was fatally injured by the negligence or wrongdoing of another and you have filed a wrongful death lawsuit, you may be eligible for lawsuit funding as a cash advance against your future settlement. Many families need wrongful…
  • Nov 18

    Lawsuit Financial is making the Holidays Brighter for Personal Injury Victim

    Lawsuit Financial is making the Holidays Brighter for Personal Injury Victim
    Lawsuit Financial is continuously working hard to put smiles on the faces of many financially-strapped plaintiffs and their families who might otherwise go without during this holiday season. Recently, another attorney nominated a client for…
  • Nov 18

    Litigation Funding Can Help Victims of Drunk Driving Accident

    Litigation Funding Can Help Victims of Drunk Driving Accident
    In the early morning on November 16, the driver of a Mazda 3 lost control and struck a parked SUV. According to police, "the force of impact pushed the on to the sidewalk. The driver and one passenger were treated for injuries; another…
Rank this Week: 736

The Appellate Gourmet (c)

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/
  • Nov 21

    Easley again recognized among legal leaders in 2014

    Easley again recognized among legal leaders in 2014
    Congratulations to Dorothy Easley of Easley Appellate Practice for being recognized as a top appellate lawyer in the 2014 Super Lawyers Business Edition just released.  Ms. Easley is recognized as an attorney selected to the Super…
  • Nov 15

    The general rules on contract enforceability in Florida and recent contract decision

    The general rules on contract enforceability in Florida and recent contract decision
    To determine a contract’s enforceability, the Florida Supreme Court has long-established that Florida uses the objective (as opposed to the subjective) test (first expressed by the late Supreme Court Justice Oliver Wendell Holmes): The…
  • Nov 1

    Five stars for Easley's federal appellate treatise

    Five stars for Easley's federal appellate treatise
    We are proud and so honored to announce that Board certified appellate specialist Dorothy F. Easley's 2014 treatise, Successful Federal Appeals in all Circuit Courts: a Practical Guide for Busy Lawyers, has earned five stars by reviewers.…
Rank this Week: 505

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
  • Nov 21

    Should You Handle That Misdemeanor Case?

    Should You Handle That Misdemeanor Case?
    You get a call from a family member, friend, or client who’s either been arrested or will be soon with a misdemeanor, such as a DUI. Maybe you’re new to practice or criminal law isn’t your usual area. Should you take on the…
  • Nov 19

    5 Ways to Leverage California’s New Unaccompanied Minors Law

    5 Ways to Leverage California’s New Unaccompanied Minors Law
    The following is a guest blog post by Rachel K. Prandini, Unaccompanied Minor Law Fellow/Attorney at the Immigrant Legal Resource Center in San Francisco. The number of unaccompanied minors arriving at the US southern border in 2014 has been…
  • Nov 17

    How to Use Technology for Effective Cross-Examination

    How to Use Technology for Effective Cross-Examination
    The following is a guest blog post by Jeff Bennion, a solo practitioner in San Diego who specializes in personal injury and consulting on e-discovery and litigation technology. A good cross-examination should come off as scripted. California…
Rank this Week: 2096

North Texas Legal News

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/
  • Nov 21

    Arbitration Policies and Employment Agreements – A Tricky Area

    Arbitration Policies and Employment Agreements – A Tricky Area
    Many business owners have been advised by their attorneys at some point in time to include an arbitration clause in their employment agreements or employee handbooks to make sure that any employment disputes are resolved by an arbitrator…
  • Nov 10

    Providing Reference for a Former Employee – What Can an Employer Say in Texas?

    Providing Reference for a Former Employee – What Can an Employer Say in Texas?
    Most employers at some point get a call asking for a reference for one of their former employees. For good employees such call is not a problem, but for those who were fired or let go due to performance issues, violations…
  • Nov 7

    U.S. Supreme Court Employment Cases to Follow in 2015

    U.S. Supreme Court Employment Cases to Follow in 2015
    In 2015, the U.S. Supreme Court is posed to rule on the following important employment law issues: 1. Integrity Staffing Solutions, Inc. v. Busk - must employers compensate employees for the time spent undergoing security…
Rank this Week: 1018

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Nov 21

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial

    The Serial Podcast & the Admission of Hae Min Lee's 62 Page Diary at Syed Adnan's Murder Trial
    Today, my colleague Claire Raj told me about the Serial Podcast. According to iTunes, "Serial is a new podcast from the creators of This American Life, hosted by Sarah Koenig. Serial unfolds one story - a true story - over...
  • Nov 20

    Who's Scared of Fitbit?

    Who's Scared of Fitbit?
    A couple people sent me links to this story in the Atlantic. The story reports that a plaintiff in Canada is planning to introduce evidence from Fitbit (a wearable activity tracking device) “to show that her activity levels [after an...
  • Nov 19

    Credibility Proxies: Drug

    Credibility Proxies: Drug
    One remaining category of crime that has a long history as a credibility proxy is drug offenses. These offenses, like speeding, fall at the boundary between crimes of impulse (violent crimes) and crimes involving schemes that contravene…
Rank this Week: 4227

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

Offers tips and techniques for trials lawyers. By Evan Schaeffer.

http://www.illinoistrialpractice.com/
  • Nov 21

    Improve Your Legal Writing

    Improve Your Legal Writing
    My three articles on legal writing, all originally published in the Illinois Bar Journal, continue to get a steady stream of Google-fueled web traffic. I've reposted these three articles, which are favorites of mine, on my personal website.…
  • Nov 17

    Good Depostion Question

    Good Depostion Question
    An article I did about good deposition questions appears at Lawyerist today: "Anatomy of a Good Deposition Question"-- It is easy to overlook what defines a good deposition question. This topic isn’t merely for beginners. Even if you…
  • Nov 12

    Advanced Deposition Techniques: the Podcast

    Advanced Deposition Techniques: the Podcast
    I'm revisiting the three podcasts I posted at my other blog, Evan Schaeffer's Legal Underground, on the topic of advanced deposition techniques. Here are the links: The Legal Underground Podcast Episode #49: Advanced Deposition Techniques,…
Rank this Week: 1598

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Nov 21

    Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Record

    Discretion Will Not Be In Your Favor If You Give the U.S. Department of Commerce Unverifiable Financial Record
    On October 7, 1992, the United States Department of Commerce created an antidumping on extruded rubber thread in Malaysia.  The intent of antidumping orders is to discourage the “dumping” of foreign goods into the U.S. for…
  • Nov 19

    Who Should Pay the Cost of Producing eDiscovery?

    Who Should Pay the Cost of Producing eDiscovery?
    This case involves a contractual dispute worth $41 million between Juster and North Hudson Sewerage Authority (NHSA). Juster issued a request for production of documents that included 49 requests for documents and a list of 67 proposed search…
  • Nov 12

    Facebook Fails: Can I Delete my Facebook while a Lawsuit is Pending?

    Facebook Fails: Can I Delete my Facebook while a Lawsuit is Pending?
    The defendant in personal injury litigation commonly requests discovery concerning a plaintiff’s Facebook account.  The reason such requests are made is that pictures on Facebook may reveal the “injured” plaintiff…
Rank this Week: 1258

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Nov 21

    The “euphemism treadmill”: Is it African-American or Black?

    The “euphemism treadmill”: Is it African-American or Black?
    It’s a constantly moving target. Just over a year ago, we wrote about this on-going question and cited a Gallup Poll saying 65% of Black Americans have no preference when it comes to labels used to describe their racial or ethnic group.…
  • Nov 19

    Does legalized marijuana evoke “the mother of all gender gaps”?

    Does legalized marijuana evoke “the mother of all gender gaps”?
    We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their…
  • Nov 17

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”

    Predicting societal shifts: Same-sex marriage and the “Future of Weed”
    Sometimes we run across odd associations as we peruse research literature. Here’s an article from Pacific Standard saying we can potentially predict when the legalization of marijuana will occur by looking at how quickly attitudes…
Rank this Week: 447

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/
  • Nov 21

    When is Sexual Abuse Within the Scope of Employment?

    When is Sexual Abuse Within the Scope of Employment?
    Martha Chamallas, Vicarious Liability in Torts: The Sex Exception, 48 Val. U. L. Rev. 133 (2013), available at SSRN.John GoldbergMartha Chamallas’s Monsanto Lecture, Vicarious Liability in Torts: The Sex Exception, is timely…
  • Nov 19

    Keeping Us Honest about the Timing Flaws in the Income Tax

    Keeping Us Honest about the Timing Flaws in the Income Tax
    Daniel I. Halperin & Alvin C. Warren Jr., Understanding Income Tax Deferral, Tax L. Rev. (forthcoming), available at SSRN.Charlotte CraneWe all do it once in a while. In the haste of trying to make a point in class, or in a hurried…
  • Nov 18

    There’s No Time Like the Present for Some Optimism about the Future

    There’s No Time Like the Present for Some Optimism about the Future
    Benjamin H. Barton, Glass Half Full: The Decline and Rebirth of the Legal Profession (forthcoming 2015).Amy Salyzyn“When did the future switch from being a promise to a threat?”     -Chuck Palahniuk, Invisible…
Rank this Week: 369

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Nov 21

    Settlement in First Does Not Bar Discovery in a Second Related Suit

    Settlement in First Does Not Bar Discovery in a Second Related Suit
    Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164, Slip Op. (N.D. Ill. Aug. 22, 2014) (Durkin, J.).  Judge Durkin granted in plaintiff Fasteners for Retail’s (“FFR”) motion to enforce the parties’ settlement…
  • Nov 19

    Trademark Fraud Claims Cannot be Dismissed Before Discovery

    Trademark Fraud Claims Cannot be Dismissed Before Discovery
    Slep-Tone Enter. Corp. v. Teddy O’Brian’s, Inc., No. 14 C 3570, Slip Op. (N.D. Ill. Sep. 24, 2014) (Guzman, J.). Judge Guzman granted in part plaintiff Slep-Tone’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s…
  • Nov 17

    Court Construes Key Term But Declines to Construe Any Other

    Court Construes Key Term But Declines to Construe Any Other
    Vehicle Intelligence & Safety LLC v. Mercedes-Benz USA, LLC, No. 13 C 4417, Slip Op. (N.D. Ill. Sep. 18, 2014) (Hart, Sen. J.). Judge Hart construed the claims of plaintiff’s patent to methods for screening equipment operators for…
Rank this Week: 246

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 816

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 102

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/
  • Nov 20

    Dec. 2 -- You gonna go Federal or State?

    Dec. 2 -- You gonna go Federal or State?
    Ok, SoCal Appellate Fanatics, what are you gonna do the evening of December 2?FBA-LA is throwing a Tribute to Chief Judge Kozinski at the Chambers Courthouse in Pasadena. Flyer here.But the Italian American Lawyers Association's Supreme Court…
  • Nov 20

    iPads at the Lectern!

    iPads at the Lectern!
    Effective November 1, 2014 the Fourth District  implemented the following electronic devices policy (which the 5th District has had all this year):Uniform Policy on Public Use of Electronic Devices in Court of Appeal Court RoomsLaptop…
  • Nov 20

    5th DCA to follow the 1st in using TrueFiling

    5th DCA to follow the 1st in using TrueFiling
     Starting in 2015, all attorneys submitting documents for filing in any appeal or original proceeding with the 5th DCA must file electronically through an electronic filing system, known as TrueFiling, developed in partnership with the…
Rank this Week: 1049

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/
  • Nov 20

    NASP 2014 Annual Conference

    NASP 2014 Annual Conference
    The National Association of Settlement Purchasers (NASP) celebrated its 10th annual conference November 5-6, 2014 in San Antonio, Texas with record attendance, recognition of past accomplishments and a clear existential message from its…
  • Nov 12

    NSSTA 2014 Fall Educational Conference

    NSSTA 2014 Fall Educational Conference
    Although David Ringler was unable to attend the National Structured Settlement Trade Association (NSSTA) 2014 Fall Educational Conference October 29-30 in La Jolla, California, he had an apparent impact. Ringler, NSSTA's first president,…
  • Oct 16

    S2P2J Release 56

    S2P2J Release 56
    Publisher Law Journal Press will be distributing hard copy supplements for Release 56 of "Structured Settlements and Periodic Payment Judgments" (S2P2J) later this month with online S2P2J subscribers receiving their update automatically and…
Rank this Week: 642

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/
  • Nov 20

    In-House Counsel Hiring Methods for Litigation Counsel Are Surprising

    In-House Counsel Hiring Methods for Litigation Counsel Are Surprising
    by Ken LopezFounder/CEOA2L Consulting A little more than a month ago, I surveyed our readership and asked, "how does in-house counsel hire outside litigation counsel?" Six possible answers were presented in random order. In-house chooses…
  • Nov 18

    7 PowerPoint Trial Presentation Secrets Revealed

    7 PowerPoint Trial Presentation Secrets Revealed
      by Alex BrownDirector of OperationsA2L Consulting My hobby is woodworking. Recently, I had to build a dog fence so that my wife could train one of our dogs. From photos I figured out the dimensions, type of wood to use, and the…
  • Nov 17

    [New and Free Webinar] 12 Things Every Mock Juror Ever Has Said

    [New and Free Webinar] 12 Things Every Mock Juror Ever Has Said
      by Ken LopezFounder/CEOA2L Consulting If you can learn the secrets of how mock jurors commonly behave during mock trial deliberations, you will be better positioned to win at trial. These behavior patterns are understandably…
Rank this Week: 2181

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/
  • Nov 20

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?

    Who Is At Fault and Who Will be Liable in a Lyft Ride Sharing Crash?
    Car crashes are common, especially in the automobile-dependent American culture. It's one of the reasons why drivers are required to hold a valid insurance policy. Typically, when a driver is at fault in an accident, their insurance policy…
  • Nov 6

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed

    Chipotle Employees Claim They are Underpaid: Class Action Lawsuits Filed
    Restaurant employees are required to work long hours. Running a restaurant begins hours before and sometimes continues for hours after the actual operating hours. In addition, employees are required to attend staff meetings, training sessions…
  • Oct 31

    Nevada Parents Sue School District Over Failure to Report Bullying

    Nevada Parents Sue School District Over Failure to Report Bullying
    Nevada parents Jennifer and Jason Lamberth thought everything was going well with their 13 year-old daughter, Hailee. She was enrolled as a seventh grader at White Middle School in Henderson. The day that her life came to a tragic end, she…
Rank this Week: 4406

Alabama Litigation Review

Alabama Litigation Review

Covers business litigation, civil procedure, personal injury and punitive damages. By Jeff Blackwell.

http://www.alabamalitigationreview.com
  • Nov 20

    Walmart Seeks To Delay Justice

    Walmart Seeks To Delay Justice
    In June, a Walmart driver slammed his truck into the limousine carrying comedians Tracy Morgan and James McNair. Morgan suffered severe personal injury. The collision killed McNair. The crash generated media discussion related to highway…
  • Nov 17

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product
    Last week, a Federal Court jury in Florida found Boston Scientific liable for the severe personal injuries caused by one of its transvaginal mesh products. The Florida case involved four women suffering tremendous problems from implanted…
  • Nov 10

    What Can Be Learned From Walmart And The Blame Game?

    What Can Be Learned From Walmart And The Blame Game?
    A recent blog post from a personal injury firm in our nation’s capitol begins by saying “Tracy Morgan Shocked By Walmart’s Accusations.” The post is an interesting read. The crash that injured Tracy Morgan generated…
Rank this Week: 2863

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Nov 20

    The Ethics of Communicating With Clients Online

    The Ethics of Communicating With Clients Online
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online." My past Daily Record articles can be accessed here. ***** The Ethics of Communicating With Your Clients Online I’ve been writing about…
  • Nov 7

    Another NYS Bar Decision On Virtual Office

    Another NYS Bar Decision On Virtual Office
    This week's Daily Record column is entitled "Another NYS Bar Decision On Virtual Offices." My past Daily Record articles can be accessed here. ***** Another NYS Bar Decision On Virtual Offices In September I wrote about a recent decision on…
  • Oct 22

    NY bar on ethics of cloud computing – again

    NY bar on ethics of cloud computing – again
    This week's Daily Record column is entitled "NY bar on ethics of cloud computing – again." My past Daily Record articles can be accessed here. ***** NY bar on ethics of cloud computing – again New York state has long been on the…
Rank this Week: 1809

Boston Lawyer Blog

Boston Lawyer Blog

Covers litigation, criminal and employment law. By Zalkind Duncan & Bernstein LLP.

http://www.bostonlawyerblog.com/
Rank this Week: 3338

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 2591

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/
  • Nov 20

    Maryland Appellate Blog Post on Federal Judicial Vacancie

    Maryland Appellate Blog Post on Federal Judicial Vacancie
    In a new post on the Maryland Appellate Blog, Steve Keppler offers a useful reminder about federal judicial vacancy problem and offers some proposals for addressing it. As he suggests, "the next six months provide a window of time…
  • Nov 9

    Nevada Votes for Intermediate Appellate Court

    Nevada Votes for Intermediate Appellate Court
    Following up on my earlier post regarding the Nevada ballot question regarding the addition of an intermediate appellate court in Nevada, voters in that state approved the measure by only a slight margin. Ballotpedia has this summary. This…
  • Nov 6

    The Sixth Circuit Throws a Split on Same-Sex Marriage

    The Sixth Circuit Throws a Split on Same-Sex Marriage
    Today the Sixth Circuit issued its decision in DeBoer v. Snyder and created the circuit split that the Supreme Court has presumably been waiting for. In a carefully reasoned opinion, the Sixth Circuit narrowly interpreted precedent and the…
Rank this Week: 3369

The Velvet Hammer

The Velvet Hammer

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

http://www.karenkoehlerblog.com
  • Nov 20

    A reminder about open flames: a story of how I almost became Michael Jackson

    A reminder about open flames: a story of how I almost became Michael Jackson
    The house is beautiful and glowing.  Am standing with back to fully enclosed gas fireplace.  Getting warm.  Talking to Steven who is sitting by the chess board. Fzzzzzzzzz.  Crackle. He jumps up running toward me. …
  • Nov 16

    Making waves: the value of dissent

    Making waves: the value of dissent
    In 2007, when I was President of WSTLA, I wrote an article called the Value of Dissent. The focus at that time was AAJ and my perception of  its systemic problems in advancing diversity.  I was not liked by AAJ leadership for being…
  • Nov 14

    Partying with VABAW – all bar dinners should be like thi

    Partying with VABAW – all bar dinners should be like thi
      Shellie and I walk into the Triple Door on 3rd and Union.  Late as usual. Hi.  Hi.  Hug.  How are you.  Hand shake.  Hi.  Everyone is smiling.   Am here to support Ada Ko Wong who…
Rank this Week: 2977

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/
  • Nov 20

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual

    Account for Fenno's Paradox: We Don't Judge Groups Like We Judge Individual
    By Dr. Ken Broda-Bahm: Here's a riddle for you: Going into the midterm elections, approval ratings for Congress hovered at just around 14 percent, yet the win rate for Congressional incumbents was 96.6 percent. How can we reconcile those…
  • Nov 17

    Witnesses: Don’t Adopt, Do Adapt

    Witnesses: Don’t Adopt, Do Adapt
    By Dr. Ken Broda-Bahm: It is one of those irritating word pairs in English, like “your” and “you’re” – similar spelling and sound, but different meaning and frequent confusion. “Adopt” means to “take something as your…
  • Nov 13

    Consider a Flowchart Verdict Form

    Consider a Flowchart Verdict Form
    By Dr. Ken Broda-Bahm: Juror C: Okay, we've answered question four, so let's move on to five. Juror A: No, it says that if we answered "No" to four, then we skip to seven... Juror D: ...I totally know the answer to six, it is…
Rank this Week: 4185

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: 1269

Louisiana Law Blog

Louisiana Law Blog

Insight and information on Louisiana law, litigation and legal culture. By Kean Miller.

http://www.louisianalawblog.com/
  • Nov 20

    Construction Contracts: Do You Know Who You Contracted With?

    Construction Contracts: Do You Know Who You Contracted With?
    By Jeff Boudreaux Recently, we have noticed an increase in the number of construction contracts that either identify (1) an incorrect entity or (2) a non-existent entity as a party to the contract. No big deal, right…..maybe not. It…
  • Nov 19

    DHH Implements Recovery Audit Contractor Program

    DHH Implements Recovery Audit Contractor Program
    By Deborah J. Juneau The Louisiana Department of Health and Hospitals (“DHH”) adopted provisions to establish the Recovery Audit Contractor (“RAC”) Program, effective November 20, 2014, as required by the Affordable…
  • Nov 18

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride

    Calming the Storm Tossed Waters: The Availability of Punitive Damages to the Jones Act Seaman Post McBride
    By Michael J. O’Brien A. Introduction to Punitive Damages Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59,…
Rank this Week: 879

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/
  • Nov 20

    Views Of U.S. Workplace Class Actions From Europe

    Views Of U.S. Workplace Class Actions From Europe
    By Gerald L. Maatman, Jr. I had the privilege today of presenting on the topic of “The Risks U.S. Workplace Class Actions Pose For Businesses” to a group of European corporate counsel and business executives at the Swiss Re Centre…
  • Nov 18

    EEOC’s 2014 Performance And Accountability Report Reflects Continued Efforts To Pursue High Priority, Systemic Litigation

    EEOC’s 2014 Performance And Accountability Report Reflects Continued Efforts To Pursue High Priority, Systemic Litigation
    By Gerald L. Maatman, Jr. and Jennifer A. Riley On November 18, 2014, the EEOC released its 2014 Performance and Accountability Report (“PAR”).  The Report is an annual scorecard of sorts for the EEOC. It reflects the…
  • Nov 14

    Senators Grill EEOC General Counsel Lopez In Confirmation Hearing

    Senators Grill EEOC General Counsel Lopez In Confirmation Hearing
    By Paul Kehoe and Gerald L. Maatman, Jr. Yesterday, the U.S. Senate Health, Education, Labor and Pensions (“HELP”) Committee held a confirmation for Charlotte Burrows as a new EEOC Commissioner for a five year term and David Lopez…
Rank this Week: 290

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
  • Nov 14

    New Feature Preview: Foreign Language Detection

    New Feature Preview: Foreign Language Detection
    Globalization is on the rise: we conduct business across borders and continents, breaking down language barriers daily. When it comes to litigation, this means that you are more likely to see documents in a foreign language. Dealing…
Rank this Week: 3289

The Everlaw Blog

The Everlaw Blog

Covers legal technology used in litigation and eDiscovery, especially on the plaintiff's side.

http://blog.everlaw.com
  • Nov 20

    Really Thinking Through the Form of Production

    Really Thinking Through the Form of Production
    Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production very…
  • Nov 18

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile

    CAOC Event Takeaway: Resistance to Predictive Coding is Futile
    Last week, Cecilia and I had the pleasure of attending the annual gathering of the Consumer Attorneys of California in San Francisco.  We were there in part to represent Everlaw in sponsoring a CLE session entitled “The…
  • Nov 14

    New Feature Preview: Foreign Language Detection

    New Feature Preview: Foreign Language Detection
    Globalization is on the rise: we conduct business across borders and continents, breaking down language barriers daily. When it comes to litigation, this means that you are more likely to see documents in a foreign language. Dealing…
Rank this Week: 3299

Tort Talk

Tort Talk

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

http://www.torttalk.com/
Rank this Week: 494

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Nov 19

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High

    PERS Still Massively Underfunded Despite Stock Market Hitting All-Time High
    Steve Wilson at Mississippi Watchdog recently wrote here about how Mississippi’s pension system ranks nationally. From the article: A new report by nonprofit State Budget Solutions says Mississippi’s Public Employees’…
  • Nov 17

    November Mississippi Jury Verdict Reporter Preview

    November Mississippi Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the November issue of the Mississippi Jury Verdict Reporter: $4,568,116 verdict- Hinds County products liability case discussed here (10/7/14); $484,481 verdict- Harrison County medical…
  • Nov 11

    U.S. Supreme Court Reverses 5th Circuit in a Jim Waide §1983 Action

    U.S. Supreme Court Reverses 5th Circuit in a Jim Waide §1983 Action
    On Monday the U.S. Supreme Court reversed a 5th Circuit decision that affirmed the District Court’s grant of summary judgment in Johnson v. City of Shelby. Here is the Court’s per curiam Opinion. The plaintiffs worked as police…
Rank this Week: 406

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Nov 19

    Court Torpedos 911-Related Negligence Claim

    Court Torpedos 911-Related Negligence Claim
    Under the Governmental Tort Liability Act (“GTLA”), governmental entities are immune from lawsuits that arise from the “exercise and discharge” of their functions. There are a very few, specific exceptions to the…
  • Nov 10

    Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claim

    Nuanced Determination Required to Distinguish Health Care Liability Claims from Ordinary Tort Claim
                  Not all claims brought against health care providers fall under the Tennessee Health Care Liability Act (THCLA), and a recent case from the Tennessee Court of Appeals gives crucial…
  • Nov 7

    Offer of Judgment Cannot Be Revoked During 10-Day Window

    Offer of Judgment Cannot Be Revoked During 10-Day Window
    The Tennessee Court of Appeals recently took up a civil procedure issue of first impression in the state. In McGinnis v. Cox, No. M2014-00102-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2014), the issue presented was“[w]hether a Rule 68 offer of…
Rank this Week: 283