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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 17

    Does the Business Judgment Rule Protect a Board’s Stock Award?

    Does the Business Judgment Rule Protect a Board’s Stock Award?
    Authored By Albert H. Manwaring, IV This article was originally published in the Delaware Business Court Insider | September 17, 2014 In In re 3Com Shareholders Litigation, C.A. No. 16721 (Del. Ch. October 25, 1999),…
Rank this Week: 522

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
Rank this Week: 56

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Sep 17

    Petition of the day

    Petition of the day
    The petition of the day is: Gosselin World Wide Moving v. United States ex rel. Bunk 13-1399 Issue: (1) Whether the Fourth Circuit erred in holding, in conflict with the Ninth Circuit, that the Shipping Act’s exemption from…
  • Sep 17

    Petitions to watch | The “Long Conference” of September 29 (Part III)

    Petitions to watch | The “Long Conference” of September 29 (Part III)
    This is the third installment of “Petitions to watch” featuring cases up for consideration at the Court’s September 29 “Long Conference.”  Because the Court has not considered new petitions since the…
  • Sep 17

    Wednesday round-up

    Wednesday round-up
    Briefly: In The New Yorker, Jeffrey Toobin discusses the “undue burden” standard for laws regulating abortion, which he characterizes as Justice Sandra Day O’Connor’s “most important triumph during her long and…
Rank this Week: 12

ICT for Peacebuilding

ICT for Peacebuilding

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

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

    Technology: Progress and Potential

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

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
  • Sep 4

    Lankacorps Fellows 2014 presentation

    Lankacorps Fellows 2014 presentation
    A presentation made at The Asia Foundation in Colombo to the 2014 cohort of the Foundation’s Lankacorps Fellows. Filed under: ICTs in general
Rank this Week: 57

Legal Radar

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/
  • Sep 17

    Same Sex Marriage Future Bans Will Be Decided in Ohio

    Same Sex Marriage Future Bans Will Be Decided in Ohio
    A majority of presidential elections have been made in Ohio. The same may go to gay marriage bans as well. Justice Ginsburg said that the U.S. Supreme Court will closely monitor the 6Th U.S. Circuit Court of Appeals, based in Cincinnati, as…
  • Sep 17

    Court Decides Fate on Moscow Confidentiality Breach

    Court Decides Fate on Moscow Confidentiality Breach
    John Moscow, an ex-prosecutor from New York, will be facing a hearing this week as to whether he breached his previous client’s confidentiality when he started fighting companies belonging to a Russian accused of making Manhattan properties…
  • Sep 15

    Death Toll on Defective GM Ignition Switch Now at 19

    Death Toll on Defective GM Ignition Switch Now at 19
    GM is now linked to 19 deaths as a result of defective faulty ignition switches in vehicles. The increased death number was revealed recently from a compensation professional retained by the car manufacturer, Kenneth Feinberg, who offered the…
Rank this Week: 362

The Velvet Hammer

The Velvet Hammer

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

http://www.karenkoehlerblog.com
Rank this Week: 3903

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Sep 17

    Business Expert Witness On Coming To Grips With Risk

    Business Expert Witness On Coming To Grips With Risk
    In Coming to Grips with Risk, business expert witness Shelley Lee Boyce writes that "Your tolerance for risk is an important factor in how you allocate your investment portfolio among different investments." While investments are subject to…
  • Sep 15

    Cross-examining the Expert Witness by Dean Brett Part 1

    Cross-examining the Expert Witness by Dean Brett Part 1
    In How to prepare to cross-examine an expert witness, attorney Dean Brett writes on what he describes as "one of the trial attorney's most difficult tasks." Throughout my years as a trial attorney, I have found that one of the most…
  • Sep 13

    Pathology Expert Witness On Learning From Other Expert

    Pathology Expert Witness On Learning From Other Expert
    In Expert Mistakes, pathology expert witness Dr. Judy Melinek discusses learning from other experts: "An expert is someone who knows some of the worst mistakes which can be made in a very narrow field." Niels Bohr When I review others'…
Rank this Week: 339

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 1362

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
Rank this Week: 636

DRI Today

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx
Rank this Week: 3315

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/
  • Sep 17

    The Top 10 Tips for Selling Professional Service

    The Top 10 Tips for Selling Professional Service
      by Ken LopezFounder/CEOA2L Consulting As the founder of A2L Consulting I've had the opportunity to do every job in the company at some point in the last 20 years. I enjoy technical work that requires deeply complex thinking. I'm great…
  • Sep 11

    Practice is a Crucial Piece of the Storytelling Puzzle

    Practice is a Crucial Piece of the Storytelling Puzzle
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting This article is the last in a series of six articles about storytelling and trial preparation. Parts 1-5 are linked at the bottom of this article. What is a…
  • Sep 11

    Practice is a Cruicial Piece of the Storytelling Puzzle

    Practice is a Cruicial Piece of the Storytelling Puzzle
      by Ryan H. Flax, Esq.Managing Director, Litigation ConsultingA2L Consulting This article is the last in a series of six articles about storytelling and trial preparation. Parts 1-5 are linked at the bottom of this article. What is a…
Rank this Week: 966

Electronic Discovery Law

Electronic Discovery Law

Covers legal issues, news and best practices relating to the discovery of electronically stored information. By K&L Gates.

http://www.ediscoverylaw.com/
Rank this Week: 791

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 17

    Busted for formatting trick

    Busted for formatting trick
    "Objection! Leading!"Yes, there are still courts that have page limits, not word counts. And yes, there are still lawyers that play formatting tricks to squeeze in extra text. And yes, they get in trouble, as in this order. (See Slate article…
  • Sep 17

    A writ tale

    A writ tale
    Here's an interesting writ tale: Trial court makes an evidentiary ruling that is challenged by a writ petition, which points out how the ruling contradicts established law. An alternative writ issues. A hearing is held per Brown, Winfield…
  • Sep 15

    Court of Appeal Analysis of Supreme Court reversal

    Court of Appeal Analysis of Supreme Court reversal
    Putting aside the State Bar Annual Meeting...The DJ's been feeding appellate needs w/many good articles the past few days!On Thursday, GSMR's Alana Rotter shared Maximize the Impact of Amicus Support.On Friday, Emily Green got to work with…
Rank this Week: 357

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 17

    BP Counsel Fiddles With Line Spacing in Federal Filing

    BP Counsel Fiddles With Line Spacing in Federal Filing
    This is the kind of basic advocacy blunder that is hard to believe, but it's being reported that BP's counsel fiddled with the formatting to file an over-length brief without permission.While this happened in federal district court, it's a…
  • Sep 12

    Indiana Supreme Court Refuses to Allow Citation of Memorandum Decision

    Indiana Supreme Court Refuses to Allow Citation of Memorandum Decision
    Professor Joel Schumm recently noted on The Indiana Law Blog that the Indiana Supreme Court recently rejected a proposal to permit citation of memorandum decisions for as "persuasive precedent." The Indiana high court rejected even…
  • Sep 6

    Tenth Circuit orders exhaustion of remedies in Muskogee (Creek) Tribal Court

    Tenth Circuit orders exhaustion of remedies in Muskogee (Creek) Tribal Court
    Appellate practitioners know the more common exhaustion and abstention doctrines, such as exhaustion of administrative remedies. Few are aware, however, that similar concepts operate between federal and tribal courts and even between state…
Rank this Week: 2320

eDiscovery Service Blog

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/
Rank this Week: 3750

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: 1798

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
  • Sep 17

    Ever Heard of Implied Hearsay?

    Ever Heard of Implied Hearsay?
    Most of us think about hearsay in connection with facts that are expressly stated. But an out-of-court statement that’s offered to prove the truth of the facts implied by the statement is also hearsay and inadmissible unless an…
  • Sep 15

    Turn Legalese into Plain English

    Turn Legalese into Plain English
    A contract shouldn’t require a Latin-English dictionary to understand it! In fact, there’s generally no reason to use Latin terms or formal legal language (legalese) at all. Use plain English to be sure the contracts and other…
  • Sep 12

    5 Tips to Make the Most of Requests for Admission

    5 Tips to Make the Most of Requests for Admission
    Requests for admission are very valuable yet underutilized tools. They’re one of the best techniques to create admissible evidence for summary judgment and trial—make good use of them! With requests for admission, you can take an…
Rank this Week: 1503

Juries

Juries

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

http://juries.blogspot.com/
  • Sep 17

    Jurors Increasingly Prefer LWP Over the Death Penalty

    Jurors Increasingly Prefer LWP Over the Death Penalty
    The article below, which focuses on the state of Ohio, highlights a growing trend around the country. When given the choice between the death penalty and life without parole (LWP), jurors increasingly choose the latter. The article gives…
  • Sep 16

    Defendant Sentenced to 15 Years for Jury Tampering

    Defendant Sentenced to 15 Years for Jury Tampering
    Sticking with yesterday's theme of improper contact with a sitting juror, a Louisiana woman (Alicia Tucker) was recently sentenced to 15 years in prison for conspiring to commit jury tampering.  The tampering occurred during a three-way…
  • Sep 15

    Defendant's Facebook Activity Leads To Charges Of Improper Influence Of A Juror

    Defendant's Facebook Activity Leads To Charges Of Improper Influence Of A Juror
    A defendant who was recently convicted of aggravated robbery has been charged with improper influence of a juror. Apparently, the defendant, during his trial for aggravated robbery, was communicating with one of his jurors via Facebook.…
Rank this Week: 1381

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Sep 17

    REMINDER: NEW LOCATON FOR TORT TALK EXPO - AT THE MOHEGAN SUN CASINO HOTEL

    REMINDER: NEW LOCATON FOR TORT TALK EXPO - AT THE MOHEGAN SUN CASINO HOTEL
    For those of you attending next Friday's (September 26th) Tort Talk Expo 2014 CLE Seminar, please note that the seminar will NOT be in the same downstairs area ballroom as in past years.Rather, the Seminar will take place in a…
  • Sep 17

    Mall Employee Can Be Business Invitee in Premises Liability Case

    Mall Employee Can Be Business Invitee in Premises Liability Case
    In a recent LackawannaCounty Court of Common Pleas decision by a visiting Senior Judge in the case of Young v. Prizm Asset Management Company, No. 2010-CV-8445 (C.P. Lacka. Co. Nov. 4, 2013, Saxton, J), the trial court granted summary…
  • Sep 16

    Hills and Ridges Doctrine Applies to Naturally Accumulating Snow and Ice

    Hills and Ridges Doctrine Applies to Naturally Accumulating Snow and Ice
    Natural accumulation of snowIn the unpublished, "Non-precedential" decision of the Pennsylvania Superior Court in the case of Stobodzian v. PNC Fin. Serv. Grp., No. 33 MDA 2014 (Pa. Super. Aug. 5, 2014) (Memorandum Op.) (Lazarus, J.,…
Rank this Week: 476

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 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.
  • Sep 12

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information

    Proposed Rule 37(e): Failure to Preserve Electronically Stored Information
    I mentioned yesterday that the proposed FRCP amendments include all three top priorities of the defense-oriented "Lawyers for Civil Justice," as stated on its web site: LCJ’s . . . current federal rulemaking agenda is focused on .…
Rank this Week: 283

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Sep 17

    Jurors Increasingly Prefer LWP Over the Death Penalty

    Jurors Increasingly Prefer LWP Over the Death Penalty
    The article below, which focuses on the state of Ohio, highlights a growing trend around the country. When given the choice between the death penalty and life without parole (LWP), jurors increasingly choose the latter. The article gives…
  • Sep 16

    Defendant Sentenced to 15 Years for Jury Tampering

    Defendant Sentenced to 15 Years for Jury Tampering
    Sticking with yesterday's theme of improper contact with a sitting juror, a Louisiana woman (Alicia Tucker) was recently sentenced to 15 years in prison for conspiring to commit jury tampering. The tampering occurred during a three-way…
  • Sep 15

    Defendant's Facebook Activity Leads to Charges of Improper Influence of a Juror

    Defendant's Facebook Activity Leads to Charges of Improper Influence of a Juror
    A defendant who was recently convicted of aggravated robbery has been charged with improper influence of a juror. Apparently, the defendant, during his trial for aggravated robbery, was communicating with one of his jurors via Facebook.…
Rank this Week: 501

Blawgletter

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/
  • Sep 17

    Federal Circuit Tosses $368 Million Patent Verdict Against Apple's FaceTime, Okays Nix on Citing Reexam

    Federal Circuit Tosses $368 Million Patent Verdict Against Apple's FaceTime, Okays Nix on Citing Reexam
    Measuring patent damages -- and excluding reexam evidence The Federal Circuit again tightened the criteria for setting damages awards in patent infringement cases. But, in a bit of good news for infringement plaintiffs, it lent further…
  • Sep 15

    The Big Flip

    The Big Flip
    Party flip in the federal courts Since the inauguration of Barack Obama in January 2009, eight U.S. courts of appeals have flipped parties, The New York Times reported. Now nine of the 13 federal appeals courts -- almost 70 percent...
  • Sep 7

    Federal Circuit Forecloses Online-Guaranty Patent

    Federal Circuit Forecloses Online-Guaranty Patent
    Abstract ideas Section 101 of the Patent Act allows patents on "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". 35 U.S.C. 101. But, the Supreme Court has held,…
Rank this Week: 1155

e-Lessons Learned

e-Lessons Learned

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

http://ellblog.com
  • Sep 17

    Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery

    Don’t Bite Off More Than You Can Chew: Requesting Party Does NOT Always Bear the Production Costs Related to E-Discovery
    The plaintiff, Country Vintner, had an agreement with a winery (Esmeralda, who was not named a party to the action) to be the exclusive wholesaler of Alamos, which is an Argentinean wine, in North Carolina. A few years later, the defendant,…
  • Sep 15

    Judge Not Lest Ye Be Judged

    Judge Not Lest Ye Be Judged
    Defendant Youkers was sentenced to an eight-year prison term. Youkers thereafter filed a motion for a new trial alleging that the judge who sentenced him engaged in improper communications and was not impartial. In particular, the father of…
  • Sep 12

    Large Volumes of ESI Irrelevant in Determining Accessibility

    Large Volumes of ESI Irrelevant in Determining Accessibility
    In W Holding Co., Inc. v. Chartis Ins. Co. of Puerto Rico, the receiver of Westernbank, FDIC-R brought action under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) against the banks’ directors and officers (D…
Rank this Week: 1809

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Sep 17

    Tolling Agreements, The Savings Statute and Tennessee Law

    Tolling Agreements, The Savings Statute and Tennessee Law
    The Tennessee Court of Appeals recently issued an important decision regarding the interplay between the savings statute and tolling agreements. The facts of Circle C Const., LLC v. Hilson, M2013-02330-COA-R3-CV (Tenn. App. Jul. 29,…
  • Sep 15

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice

    Claim Washed Down the Drain By Tennessee Statute of Repose and Lack of Constructive Notice
    Tthis is a premise liability case arising from the collapse of a bench in a handicap shower at the defendant’s hotel.   Upon checking into their handicap room at the Holiday Inn Express, the Parkers noticed the bench in the…
  • Sep 11

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?

    When is a Summons and Complaint "Unclaimed" Under Tennessee Law?
    The Tennessee Court of Appeals recently issued an opinion dealing with a circumstance when service of process was designed “unclaimed” by the U.S. Postal Service. In Goodman v. Ocunmola, No. E2014-00045-COA-R3-CV (Tenn. Ct. App.…
Rank this Week: 201

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/
  • Sep 17

    Federal Judiciary Approves Civil Discovery Rules Change

    Federal Judiciary Approves Civil Discovery Rules Change
    By Zoe TillmanFederal judiciary officials on Tuesday approved proposed changes to court rules that could reshape how discovery is handled in civil litigation—for better or for worse, depending who you ask.The Judicial Conference of the…
  • Sep 16

    Gartner Predicts Rise of the Digital Risk Officer

    Gartner Predicts Rise of the Digital Risk Officer
    By Michael Piramoon, Director of Analyst Relations, AccellionThe number of devices connected to enterprise networks is skyrocketing. One reason is mobile computing. Mobile workers in the US now carry on average 3 mobile devices, according to…
  • Sep 15

    New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing

    New Survey Shows eDiscovery Workload, Predictive Coding Use Increasing
    By Doug AustineDiscovery workload, the use of predictive coding and projected rate of adoption of technically assisted review are all up significantly, according to a new report by recruiting and staffing firm The Cowen Group.In its…
Rank this Week: 32

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Sep 17

    The Disgust Scale: How have we missed this all this time?

    The Disgust Scale: How have we missed this all this time?
    We’ve covered a lot of the disgust research so it is curious to us that somehow we missed sharing the actual Disgust Scale with you earlier. The Disgust Scale was developed by the infamous Jonathan Haidt (his surname is pronounced…
  • Sep 15

    “Smart people ask for (my) advice!”

    “Smart people ask for (my) advice!”
    We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does…
  • Sep 12

    The Fear of Missing Out (FoMO) Scale

    The Fear of Missing Out (FoMO) Scale
    Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made…
Rank this Week: 344

Minnesota Litigator

Minnesota Litigator

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

http://www.minnesota-litigator.com/
  • Sep 17

    Fighting over Minnesota’s National Treasure…

    Fighting over Minnesota’s National Treasure…
    As I have aged, one saying that I have become fond of is, “You can never make new old friends….” Our lives are transient. Our friends and family are forever (as far as we are concerned). For many of us, … Continue…
  • Sep 16

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?

    When Can a Litigant Talk Out of Both Sides of His Mouth and When Can’t She?
    A child might say, “Daddy, you cannot prove that I ate the cookie, but, if you conclude that I did eat eat the cookie, I thought that Mommy said I could.” This child will possibly get a time-out from the parents.…
  • Sep 15

    Hope and change?

    Hope and change?
    When I wrote about the Staab III case before, I ended by writing that the hope of injured persons to be fairly compensated for their injuries from those at fault was in the hands of the Supreme Court.  In this … Continue reading…
Rank this Week: 105

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/
  • Sep 17

    Next Up, Incest

    Next Up, Incest
    Anthony C. Infanti, Big (Gay) Love: Has the IRS Legalized Polygamy?, N.C.L. Rev. Addendum (forthcoming, 2014), available at SSRN.Lily KahngGay marriage opponents love to fear monger about the slippery slope of extending marriage beyond…
  • Sep 16

    Those Are Pearls That Were His Eye

    Those Are Pearls That Were His Eye
    Valentina Vadi, War, Memory, and Culture: The Uncertain Legal Status of Historic Sunken Warships Under International Law, 37 Tul. Mar. L. J. 333 (2013).Stephen UriceFull fathom five thy father…
  • Sep 15

    Just the Beginning: Studying the Global Demography of Lawyer

    Just the Beginning: Studying the Global Demography of Lawyer
    Ethan Michelson, Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyers, 20 Ind. J. Global Legal Stud. 1071 (2013).Sida LiuIn the past a few decades, feminization has been one of the most notable…
Rank this Week: 595

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Sep 17

    September Miss. Jury Verdict Reporter Preview

    September Miss. Jury Verdict Reporter Preview
    Here is a preview of the verdicts detailed in the September issue of the Mississippi Jury Verdict Reporter: $173,306 bench verdict- Holmes County nursing home case covered here (7/24/14); $80,993 verdict- Harrison County breach of…
  • Sep 15

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case

    $500,000 Verdict Against Target in Hinds County Slip-and-Fall Case
    Last week a Hinds County jury rendered a $500,000 verdict in McFarland v. Target Corp. Here is the Verdict Form. Lesa McFarland alleged that she fell in Target on August 4, 2011 on the See Spot Save dollar aisle. This was a high traffic…
  • Sep 11

    Lawyers Shouldn’t File Stuff Like Thi

    Lawyers Shouldn’t File Stuff Like Thi
    The Clarion-Ledger broke the story today about the ridiculous lawsuit that Jackson attorney Herbert Lee filed against Hinds County Circuit Judge Jeff Weill and selected justices of the Mississippi Supreme Court. Here is…
Rank this Week: 335

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 16

    23 and 24 October: Conference on the recast Brussels I Regulation in Graz

    23 and 24 October: Conference on the recast Brussels I Regulation in Graz
    On 23 and 24 October 2014 Bettina Nunner-Krautgasser and Thomas Garber, both from the University of Graz, will host a conference on the recast Brussels I Regulation (“Die neue EuGVVO – Verbesserung des…
  • Sep 15

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector

    Invitation to Tender: Economic Study to Cross-Border Trade in the Insurance Sector
    The European Commission has published an invitation to tender relating to an economic study on the impact of differences in insurance contract law on cross-border trade in the insurance sector. Deadline for submissions is 28 October…
  • Sep 14

    Yearbook of Private International Law, 2013-2014

    Yearbook of Private International Law, 2013-2014
    In line with its predecessors, Volume XV (2013/2014) of the Yearbook of Private International Law offers a comprehensive insight into the contemporary trends of private international law in terms of both theoretical thinking…
Rank this Week: 59

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Sep 16

    Costs of Part 8 proceeding

    Costs of Part 8 proceeding
    Has the Court of Appeal messed up again (Mitchell/Denton style)? One of the problems with the English legal system is that the higher courts will sometimes try to do justice to the facts of a case but create a precedent in the process with…
  • Sep 11

    Costs budgeting and new bill of costs format

    Costs budgeting and new bill of costs format
    Approval has recently been given to the new J-Codes. These are integral to future case management software that will be used for drafting of costs budgets, costs schedules and bills of costs. As the Jackson Final Report stated, the purpose of…
  • Sep 8

    Law costs draftsmen’s fee

    Law costs draftsmen’s fee
    I was recently instructed to prepare points of dispute and advise in relation to a bill running to a little over £220,000. Instructing solicitors had obtained various estimates from in-house and external draftsman. The other estimates…
Rank this Week: 920

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
Rank this Week: 473

Western Canada Business Litigation…

Western Canada Business Litigation Blog

Covers issues emerging in the legal and business communities. By Lawson Lundell LLP.

http://www.westerncanadabusinesslitigationblog.com/
  • Sep 16

    New Frontiers - Mining Litigation in Canada for the Activities of Foreign Subsidiarie

    New Frontiers - Mining Litigation in Canada for the Activities of Foreign Subsidiarie
    Posted by Craig FerrisIn June, 2014, a Notice of Civil Claim was filed in the British Columbia Supreme Court in the case of Adolfo Garcia v. Tahoe Resources Inc. (“Garcia”).  In Garcia, the plaintiffs have sued a Canadian…
  • Sep 11

    "Additional Rent" and a Tenant's "Proportionate Share"

    "Additional Rent" and a Tenant's "Proportionate Share"
    Posted by Peter RobertsMost commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes,…
  • Aug 29

    Commercial Arbitration May Not Be as Confidential as You Think

    Commercial Arbitration May Not Be as Confidential as You Think
    Posted by Marko VeselyChoosing commercial arbitration over conventional litigation cannot guarantee confidentiality of the process, as a recent decision of the BC Supreme Court shows. The prospect of keeping a commercial dispute confidential…
Rank this Week: 3242

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/
Rank this Week: 233

Delaware eDiscovery Report

Delaware eDiscovery Report

Covers eDiscovery case law, rules, and issues, such confidentiality, sanctions and spoliation. By Morris James LLP.

http://www.delawareediscovery.com/
  • Sep 16

    FRCP Amendments Approved

    FRCP Amendments Approved
    According to Bloomberg BNA, the proposed amendments to the Federal Rules of Civil Procedure have been approved by the Judicial Conference of the United States and have been forwarded to the Supreme Court for consideration.  Rule…
  • Jul 1

    Laura G. Readinger Joins Morris James LLP as an Associate in Business Litigation

    Laura G. Readinger Joins Morris James LLP as an Associate in Business Litigation
    June 25, 2014 Morris James LLP has announced that Laura G. Readinger has joined the Firm’s Wilmington office as an associate in its Business Litigation Practice Group. Ms. Readinger’s practice will focus on electronic discovery…
  • May 27

    Morris James Receives Top Legal Rankings in Chambers USA 2014

    Morris James Receives Top Legal Rankings in Chambers USA 2014
    Thirteen Lawyers and Four Practices Recognized as Top-Tier in Delaware Morris James LLP is pleased to announce that thirteen attorneys in five separate practice areas have been top ranked among the leading Delaware lawyers in the…
Rank this Week: 4310

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Sep 16

    Lawsuit Funding may be Vital in Keeping Your Case Strong

    Lawsuit Funding may be Vital in Keeping Your Case Strong
    You spend thousands of dollars each year on your insurance policies for protection and reassurance in the event of an accident. When a serious auto accident does occur, you could be left with severe injuries, disabilities, and steep medical…
  • Sep 16

    Wrongful Death Lawsuit Filed In Death of Woman Killed By Falling Stone

    Wrongful Death Lawsuit Filed In Death of Woman Killed By Falling Stone
    When building accidents occur it can result in severe injury and sometimes death. While most people think of building accidents as construction related incidents, they can be a result of other types of accidents, such as a structure not…
  • Sep 15

    Reasons to Apply for Lawsuit Funding Outweigh Accepting a Low Settlement Offer

    Reasons to Apply for Lawsuit Funding Outweigh Accepting a Low Settlement Offer
    There are three main reasons why seriously injured victims file lawsuits - ethical and moral principal; help ensure the same negligence won't happen to someone else; to be financially compensated for damages incurred. There are also many…
Rank this Week: 903

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: 1466

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: 446

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
  • Sep 16

    Seventh Circuit vacates $100 million punitive damages award against ConAgra

    Seventh Circuit vacates $100 million punitive damages award against ConAgra
    In 2012 we reported on a $100 million punitive damages award against ConAgra Foods, Inc. arising out of a fire in a grain elevator.  According to Reuters, the U.S. Court of Appeals for the Seventh Circuit has reversed that punitive…
  • Sep 15

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million

    New Mexico jury awards $65 million in punitive damages; Texas jury awards $15 million
    I'm catching up on punitive damages news after being out of the office last week.  While I was out, the AP reported that a jury in New Mexico awarded $2.3 million in compensatory damages and $65 million in punitive damages in a lawsuit…
  • Sep 15

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional

    Missouri Supreme Court strikes down punitive damages cap as unconstitutional
    Last week, Missouri's high court issued a unanimous published opinion holding that a statutory cap on punitive damages violates the Missouri Constitution. The statute in question provides that a punitive damages award against a single…
Rank this Week: 107

Virginia Employment Law Blog

Virginia Employment Law Blog

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

http://www.virginiaemploymentlawblog.com/
  • Sep 16

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination

    Former Mets Sales Executive Sues Team for Pregnancy Discrimination
    Jeff Wilpon, the Chief Operating Officer of the New York Mets and son of Mets owner Fred Wilpon, runs his front office department about like his father runs the baseball team: Leigh Castergine, former Vice President of Ticket Sales, recently…
  • Aug 27

    Fourth Circuit Holds Employer Liable for Third Party Harassment

    Fourth Circuit Holds Employer Liable for Third Party Harassment
    Have you ever had to deal with an unpleasant person at work? When does the inappropriate conduct of someone at work rise to a civil rights violation by your employer? A recent decision by the Fourth Circuit may help answer these…
  • Aug 21

    You Just Got Fired: How to Deal in 11 GIF

    You Just Got Fired: How to Deal in 11 GIF
    Being terminated from your job almost always comes with a huge amount of stress and emotion.  There’s a lot to process, and people often want to do that processing very quickly in order to get back up and running.…
Rank this Week: 2529

Whistleblower Qui Tam Lawyer Blog

Whistleblower Qui Tam Lawyer Blog

Provides updates and commentary on whistleblower cases. By McCabe Rabin, P.A.

http://www.whistleblowerquitamlawyerblog.com/
  • Sep 16

    Florida Sleep Clinic Settles False Claims Act Case

    Florida Sleep Clinic Settles False Claims Act Case
    The Sleep Medicine Center, Inc. (“Sleep Medicine”) and two physicians, Hubert Zachary and George Restea, have agreed with the federal government to settle allegations initiated by a whistleblower in a qui tam complaint that the…
  • Sep 10

    U.S. Joins Whistleblowers’ Case Involving Spinal Implant

    U.S. Joins Whistleblowers’ Case Involving Spinal Implant
    The Justice Department announced that the U.S. has intervened in a qui tam lawsuit brought by two whistleblowers alleging violations of the False Claims Act and filed its own lawsuit alleging violations of the Anti-Kickback Statute against…
  • Sep 4

    US Intervenes in False Claims Act Case Against Hospice Provider

    US Intervenes in False Claims Act Case Against Hospice Provider
    The United States has partially intervened in two qui tam lawsuits by three whistleblowers alleging violations of the False Claims Act by Evercare Hospice and Palliative Care (“Evercare”) now known as Optum Palliative and Hospice…
Rank this Week: 1004

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 16

    Affirmative Defenses Have No Role in Determining the Amount in Controversy

    Affirmative Defenses Have No Role in Determining the Amount in Controversy
    Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in…
  • Sep 12

    Defendants Concrete Evidence Defeats Remand

    Defendants Concrete Evidence Defeats Remand
    Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located in Rocky River,Ohiousing his credit card.  The defendant Heartland Payment Systems,…
  • Sep 11

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

    District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal
    Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri…
Rank this Week: 66

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Sep 15

    Accounting Expert Witness Properly Allowed in Tax Fraud Case, 10th Circuit Conclude

    Accounting Expert Witness Properly Allowed in Tax Fraud Case, 10th Circuit Conclude
    Case: United States v. Curtis L. Morris, No. 12–1474, 10th Circuit U.S. Court of Appeals; July 28, 2014 Background: Defendant Curtis L. Morris is an accountant and bookkeeper accused of...The post Accounting Expert Witness Properly…
  • Sep 15

    The Ten Most Important Strategies for Use of a Human Factors Expert Witne

    The Ten Most Important Strategies for Use of a Human Factors Expert Witne
    A good human factors expert witness in general should have excellent credentials (e.g., academic background and degrees, publications, research projects, etc.) and practical experience in the specific area of testimony...The post The Ten Most…
  • Sep 8

    Expert Witness Testimony: Some Science and Some Art to Increase Your Value to Your Client

    Expert Witness Testimony: Some Science and Some Art to Increase Your Value to Your Client
    You’re an expert witness who wants to add the greatest possible value to your side. (Or you might be the attorney who wants to get the most juror persuasion out...The post Expert Witness Testimony: Some Science and Some Art to Increase…
Rank this Week: 2278

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

    Not Everybody Needs A Trust

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

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
  • Aug 21

    Anna Nicole Smith Estate (Finally) Out Of Court

    Anna Nicole Smith Estate (Finally) Out Of Court
    The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover  hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a year…
Rank this Week: 420

Trial Lawyer Communication Tips…

Trial Lawyer Communication Tips for EVERYONE!

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

http://mitchjackson.com
  • Sep 15

    How To Be More Persuasive: Start with the “WHY” and they finish with the “HOW”

    How To Be More Persuasive: Start with the “WHY” and they finish with the “HOW”
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Sep 8

    Spreecast with David Meerman Scott

    Spreecast with David Meerman Scott
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
  • Sep 7

    Microsoft Needs To Learn How To Communicate Better With Its Customer

    Microsoft Needs To Learn How To Communicate Better With Its Customer
    We've Moved! Update your Reader Now. This feed has moved to: http://mitchjackson.com/feed/ Update your reader now with this changed subscription address to get your latest updates from us.
Rank this Week: 2885