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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

May 22
"Obama to Restart Transfers From Guantanamo"

"Obama to Restart Transfers From Guantanamo"

"Obama to Restart Transfers From Guantanamo": The Wall Street Journal has this news update. You can freely access the full text of the article via Google News.
May 22
"Audio recordings of oral arguments before the U.S. Court of Appeals for the D.C. Circuit will become available online free of charge beginning September 9, 2013, the start of the Court's 2013-2014 Term."

"Audio recordings of oral arguments before the U.S. Court of Appeals for the D.C. Circuit will become available online free of charge beginning September 9, 2013, the start of the Court's 2013-2014 Term."

"Audio recordings of oral arguments before the U.S. Court of Appeals for the D.C. Circuit will become available online free of charge beginning September 9, 2013, the start of the Court's 2013-2014 Term." So begins a news release that the…
May 22
"Appeals court allows capital retrial of Wolfe"

"Appeals court allows capital retrial of Wolfe"

"Appeals court allows capital retrial of Wolfe": The Associated Press has this report on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Rank this Week: 9

Lawsuit Reform Watch

Covers civil justice reform issues in New Jersey. By the New Jersey Lawsuit Reform Alliance.

http://www.lawsuitreformwatch.org/

May 22
Chief Justice Rabner announces effort to expedite civil, criminal proceedings in NJ

Chief Justice Rabner announces effort to expedite civil, criminal proceedings in NJ

Litigation costs are high - for everyone. Read about NJ Supreme Court Chief Justice Stuart Rabner's effort to overhaul New Jersey's civil and criminal justice systems, recently outlined at a State Bar Association event: Rizzo/The Star-Ledger.
May 17
Download media coverage of A-2878, the so-called 'Facebook bill'

Download media coverage of A-2878, the so-called 'Facebook bill'

Download Facebook bill coverage Bill text Conditinal Veto Press Release
May 16
Legislative update: Social media and statute of limitation

Legislative update: Social media and statute of limitation

The General Assembly is scheduled to consider changes requested by Governor Christie to the so-called ‘Facebook bill,’ which would prohibit employers from asking for the passwords and login information of current and prospective…

Rank this Week: 1332

Civil Procedure & Federal…

Civil Procedure & Federal Courts Blog

By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman

http://lawprofessors.typepad.com/civpro/

May 22
Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal

Victor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s…
May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal

Now available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will…
May 17
Meyn on Comparing Civil and Criminal Discovery

Meyn on Comparing Civil and Criminal Discovery

Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…

Rank this Week: 796

Translation For Lawyers

Translation For Lawyers covers various topics related to language translation, interpretation, and culture in the Legal Sytem. By All Language Alliance, Inc.

http://www.translationforlawyers.com/

May 22
Swedish Translation Services and Why Many Are Looking North for International Arbitration

Swedish Translation Services and Why Many Are Looking North for International Arbitration

We've blogged about legal translation services in the context of international arbitration in France and India. The need for Swedish legal translation services comes up in the context of international arbitration in Sweden. According to a…
May 21
Professional Technical Translation Helps Get on the Same Page with Engineering Client

Professional Technical Translation Helps Get on the Same Page with Engineering Client

Technology in the world today is making exciting advances at a rapid pace. New and innovative ideas are being shared around the world, with improvements and innovations in many technical fields. One of the key elements to that advancement is…
May 16
The Verdict Is in: Human Translation Still Far Superior to Machine Translation

The Verdict Is in: Human Translation Still Far Superior to Machine Translation

We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World…

Rank this Week: 411

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/

May 22
Targets of Settlement Purchasing Companies: It's All "Relative"

Targets of Settlement Purchasing Companies: It's All "Relative"

Settlement purchasers are known for ad buys in so-called "unemployment TV" This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…
May 20
Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Genex Capital "Operative" Spammed Answers.com to Try To Penalize JG Wentworth

Vancouver based Genex Capital must have it out for JG Wentworth to pull this stunt after another website it uses for lead generation promotes Genex officer hosted complaint pages against J.G.... This is a content summary only. Please click on…
May 20
Structured Settlements Q1 2003 Best Since 2010

Structured Settlements Q1 2003 Best Since 2010

Structured Settlement Industry numbers were up during the first quarter of 2013 This is a content summary only. Please click on the title for the full content, If you find yourself on FAEMM community, back out and type in www.…

Rank this Week: 143

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/

May 22
Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

Eighth Circuit Raises Specter Of Constitutionality Issues In TCPA Class Action

By Jennifer A. Riley and Jason P. Stiehl In a much-anticipated decision involving the Telephone Consumer Protection Act (“TCPA”), the Eighth Circuit in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), reversed a…
May 16
"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

"Historic" Verdict In EEOC v. Hill Country Farms Reduced To $1.6 Million But Litigation Continues As EEOC Seeks Injunctive Relief Against Defunct Company

By Christopher DeGroff, Reema Kapur, and Gerald L. Maatman, Jr. We previously reported that the United States Equal Employment Opportunity Commission (EEOC) secured a verdict of $240 million in its lawsuit against Hill Country Farms last…
May 15
Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.

By Rebecca Bjork and Gerald L. Maatman, Jr. Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern…

Rank this Week: 521

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/

May 22
Certified Chutzph?

Certified Chutzph?

Imagine a defendant removing a case from state to federal court, and then asking the federal court of appeals to certify a question to the state supreme court. Further, imagine that the defendant's request for certification came only after an…
May 21
2d District Pro tem updates (extensions through July)

2d District Pro tem updates (extensions through July)

The following are currently sitting on assignment:Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until July 31, 2013. Judge Brian M. Hoffstadt of the Los Angeles County Superior…
May 21
Info about SDCBA's State of the Court addre

Info about SDCBA's State of the Court addre

Back in March the Appellate Court Committee of the San Diego County Bar Association presented its annual “State of the Court” address featuring the Honorable Judith McConnell, Presiding Justice of the California Court of Appeal,…

Rank this Week: 403

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

http://www.disputeresolutiongermany.com/

May 22
Human Rights, Flattr and amnesty international

Human Rights, Flattr and amnesty international

Dispute Resolution Germany is supporting amnesty international. You may have noticed that there is a new “flattr” button on the website. If you “flattr” on Dispute Resolution Germany, I will…
May 16
Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

We had reported earlier that Porsche had struck a deal with some of the New York hedgde fund claimants to discontinue their US actions. In return, Porsche had agreed not to invoke the statute of limitation if the actions were ……
May 15
Update: Do Americans Make Better Global Lawyers?

Update: Do Americans Make Better Global Lawyers?

In October 2012, I asked the question and pointed to a lecture by professor Mathias W. Reimann, which promised to have the answers: “Why Americans Make Better Global Lawyers”. The lecture was to be delivered at the Max…

Rank this Week: 570

Federal Criminal Lawyer Blog

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

http://www.georgiafederalcriminallawyerblog.com/

May 22
Criminal Cases and Cell Phones: Another Court Confronts How the 18th Century Fourth Amendment Works With Modern Technology

Criminal Cases and Cell Phones: Another Court Confronts How the 18th Century Fourth Amendment Works With Modern Technology

Criminal defense lawyers here in Atlanta, throughout Georgia and the rest of the Nation, whether in federal court or state court, all need to be aware of developments in the law, especially such hot topic areas like search and seizure. Many…
May 17
Federal Criminal Charges Against Public Officials: U.S. Attorney Announces Indictment Naming State Legislator

Federal Criminal Charges Against Public Officials: U.S. Attorney Announces Indictment Naming State Legislator

Federal Criminal Charges were announced yesterday here in Atlanta by the U.S. Attorney. The feds have indicted a well-known State legislator, Representative Tyrone Brooks. According to the indictment, Representative Brooks committed mail…
May 16
Federal Criminal Cases and Discretion: the Recent Furor Over IRS Targeting Politically Conservative "Non-Profits"

Federal Criminal Cases and Discretion: the Recent Furor Over IRS Targeting Politically Conservative "Non-Profits"

Federal criminal cases here in Atlanta, throughout Georgia, in Alabama or Florida, and anywhere around the country are all brought after a federal prosecutor makes an independent decision as to whether the matter truly should be brought in…

Rank this Week: 1852

eDiscovery Service Blog

Covers eDiscovery and computer forensic. By D4 eDiscovery.

http://www.d4discovery.com/e-discoveryserviceblog/

May 22
When is a Litigation Hold Triggered? A Hypothetical and 10 Questions for a Client

When is a Litigation Hold Triggered? A Hypothetical and 10 Questions for a Client

A Hypothetical and 10 Questions for a Client - Includes a table showing a breakdown of situations that may trigger a litigation hold.
May 15
Tips to Avoid Social Media and New Technology Blunder

Tips to Avoid Social Media and New Technology Blunder

What you do or say on social media, can and will be used against you in the court of law. A few tips to protect you/your clients...
May 1
My Big Fat Data Wedding

My Big Fat Data Wedding

BIG DATA increases the complexity of the discovery efforts to identify, preserve, collect, and present ESI. It also raises privacy concerns and...

Rank this Week: 1352

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

May 22
Immigration Issues Dos and Don’ts for Job Interview

Immigration Issues Dos and Don’ts for Job Interview

There are many subjects that require care when conducting a job interview. Immigration is definitely one of them. Given the increased awareness and sensitivity to immigration status issues, employers need to watch their questions. Although…
May 20
Keep an Eye Toward an Appeal

Keep an Eye Toward an Appeal

Trying a case is hard enough, but throughout trial you should also keep in the back of your mind the need to preserve the record for appeal. Why is it so important to pay attention to the record during trial? It all comes down to a major…
May 17
Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Second Bite at the Apple: How Unregistered Domestic Partners (and Other Cotenants) Can Still Avoid Property Tax Reassessment

Do you own a house with someone and don’t want to register as domestic partners, but you still want an exclusion from a change in ownership for property tax purposes when you die? Now you can. Here’s how it works. Under Rev &…

Rank this Week: 853

EvidenceProf Blog

By John Marshall Law School Professor Colin Miller, with Contributing Editors and Professors David Leonard, Joelle Moreno, and Myrna Raeder

http://lawprofessors.typepad.com/evidenceprof/

May 22
Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Chutes & Ladders: Court of Appeals of Kentucky Finds Evidence of Ladder Switch Inadmissible Under Rule 407

Similar to its federal counterpart, Kentucky Rule of Evidence 407 provides that When, after an event, measures are taken which, if taken previously, would have made an injury or harm allegedly caused by the event less likely to occur,…
May 21
Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Talk About the Life in Massachusetts: Supreme Judicial Court of MA Does Not Adopt Federal Rule of Evidence 608(b)

Federal Rule of Evidence 608(b) provides that Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character…
May 20
Black & White: D.C. Court of Appeals Finds Trial Courts Have Discretion to Consider Evidence of Juror Racial Bia

Black & White: D.C. Court of Appeals Finds Trial Courts Have Discretion to Consider Evidence of Juror Racial Bia

Federal Rule of Evidence 606(b) states: (b) During an Inquiry into the Validity of a Verdict or Indictment. (1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify...

Rank this Week: 2246

At Counsel Table

Covers the craft and business of the courtroom lawyer. By Alex Craigie.

http://atcounseltable.wordpress.com

May 22
Preparing Your Witness For A “Reptile” Deposition

Preparing Your Witness For A “Reptile” Deposition

In my last post, I attempted to describe what has come to be known as the Reptile technique of discovery and trial presentation, as advocated in the book, Reptile: the 2009 Manual of the Plaintiff’s Revolution. Again, the goal with…
May 20
Beware The “Reptile” Lawyer

Beware The “Reptile” Lawyer

For many, the words “lawyer” and “reptile” are probably synonymous. Since 2009, however, some lawyers have sought to transform the courtroom into a reptilian battleground. That year, attorney Don Keenan and jury…
May 13
Want Clients? Look To Those Who Care About You Most

Want Clients? Look To Those Who Care About You Most

One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of…

Rank this Week: 654

Tort Talk

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

http://www.torttalk.com/

May 22
District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magistrate Judge James Gibbons Wins Both Primaries for Lackawanna County Court of Common Pleas Judge

District Magisterial Judge James Gibbons, 55, prevailed in both the Democratic and Republican primary elections for the open Lackawanna County Court of Common Pleas Judge position. The spot on the bench opened up when Judge Chester…
May 20
Novel Facebook Discovery Order Out of Lancaster County

Novel Facebook Discovery Order Out of Lancaster County

In a recent Lancaster County Court of Common Pleas case of Perrone v. Lancaster Regional Medical Center, (C.P. Lanc. Co. 2013 Cullen, J.), Judge James P. Cullen crafted a novel method of handling a Facebook Discovery dispute…
May 20
REGISTRATION OPEN FOR LACKAWANNA PRO BONO'S JUNE 3, 2013 GOLF TOURNAMENT

REGISTRATION OPEN FOR LACKAWANNA PRO BONO'S JUNE 3, 2013 GOLF TOURNAMENT

Rank this Week: 346

The Jury Room

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

http://keenetrial.com/blog

May 22
“Ethnic-sounding first names” and getting the job

“Ethnic-sounding first names” and getting the job

Shuki. Soukias. Raheem. Samir. Jamal. Lakisha. Atholl. Tyronne. Magestic. Did you know that something as simple as a first name makes the difference between whether you even get the interview? Last weekend we were doing a focus group and one…
May 20
“I guess what he said wasn’t that bad”

“I guess what he said wasn’t that bad”

A while ago we did a focus group on a shockingly unethical healthcare provider targeting lower income zip codes for insurance fraud and the phrase “those Mexicans” came up in the deliberations. “That’s a good…
May 17
Is there a relationship between age and ethnic prejudice?

Is there a relationship between age and ethnic prejudice?

As you have probably noticed, we read a lot of research here at The Jury Room. We are looking for nuggets of knowledge or pearls of wisdom we can apply to our day-to-day practice of litigation advocacy. If you’ve read our work on…

Rank this Week: 1513

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/

May 22
Provoked Intimate Femicides: A Privatized Version of “Honour”?

Provoked Intimate Femicides: A Privatized Version of “Honour”?

Pascale Fournier, Pascal McDougall & Anna R. Dekker, Dishonour, Provocation and Culture: Through the Beholder’s Eye?, 16(2) Can. Crim. L. Rev. 161 (2012), available at the University of Ottawa.Isabel GrantIn their…
May 20
The Care and Feeding of Sticky Defaults in Information Privacy Law

The Care and Feeding of Sticky Defaults in Information Privacy Law

Lauren Willis, When Nudges Fail: Slippery Defaults, 80 U. Chi. L. Rev. ___ (forthcoming 2013) available at SSRN.Paul OhmIf Jotwell is meant to surface obscure gems of legal scholarship, which might go unnoticed otherwise, I might be missing…
May 17
The Brave New World of Identification

The Brave New World of Identification

Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint. While waiting with prosecutors in the hallway between indictments, an excellent customs…

Rank this Week: 144

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

May 22
Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Study: Courts Should Not Rely on Rehabilitation that Jurors Can Be Fair

Here is a study asking Can Jurors Self Diagnose Bias? Two Randomized Controlled Trials.” The study tries to determine whether the common practice of asking jurors who otherwise appear biased if they can be fair works to…
May 20
Defense Verdict in Washington County Malicious Prosecution Trial

Defense Verdict in Washington County Malicious Prosecution Trial

On April 4, 2013 a Washington County Circuit Court jury rendered a defense verdict in White v. Greenville Riverboat, LLC. On May 13, 2009, Plaintiff was playing the card game (21+3) at the Lighthouse Point Casino in Greenville. Sidebar:…
May 16
Jackson Attorney Debra Brown Nominated for U.S. District Judge

Jackson Attorney Debra Brown Nominated for U.S. District Judge

On Thursday President Obama nominated Jackson attorney Debra Brown to fill the vacant judgeship in the Northern District of Mississippi. Here is the press release: WASHINGTON, DC – Today, President Barack Obama nominated Debra M. Brown,…

Rank this Week: 569

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/

May 22
Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)

Litigation 101 for eDiscovery Tech Professionals: Multi-district Litigation (MDL)

Last week’s blog post covered class action litigation – that is, a case that is filed on behalf of a group (or class) of members who have a common grievance or have suffered a common injury. One lawsuit is filed and there is one…
May 21
Welcome to LegalTech West Coast 2013! – eDiscovery Trend

Welcome to LegalTech West Coast 2013! – eDiscovery Trend

Today is the start of LegalTech® West Coast 2013 (LTWC) and eDiscoveryDaily is here to report about the latest eDiscovery trends being discussed at the show. Today, we will provide a description of some of the sessions related to…
May 20
Adding Evidence Items with FTK Imager – eDiscovery Best Practice

Adding Evidence Items with FTK Imager – eDiscovery Best Practice

A couple of weeks ago, we talked about the benefits and capabilities of Forensic Toolkit (FTK) Imager, which is a computer forensics software application provided by AccessData, as well as how to download your own free copy. Then, last week,…

Rank this Week: 888

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog

May 21
Authenticating Recorded Conversation

Authenticating Recorded Conversation

SeventhCircuitSeal.png Seventh Circuit highlights two options to authenticating recorded conversations and voice identification, in a case where the recordings were obtained by a cooperating witness and provided to law…
May 21
Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Assessing Lay Witness “Helpfulness” To A Jury Of Defendant’s Peer

Reel-to-reel_1.JPG In conspiracy to distribute cocaine trial, admitting law enforcement lay testimony identifying the defendant’s voice as helpful to “this particular jury, sitting in Massachusetts”…
May 20
Congress Watch: Renewed Focus On Reporter Shield Law Following Use Of Subpoenas For Reporters' Telephone Record

Congress Watch: Renewed Focus On Reporter Shield Law Following Use Of Subpoenas For Reporters' Telephone Record

Capitol.Dome_.Night_.jpg The recent attention on the use of federal grand jury subpoenas to obtain the telephone records of reporters has refocused the issue of protecting First Amendment rights and striking the balance to…

Rank this Week: 460

Northern Virginia Lawyer

Commentary and insight on Virginia law and procedure.

http://northernvirginialawyer.blogspot.com/

May 21
Cuccinelli opens a window to his private side with new ad

Cuccinelli opens a window to his private side with new ad

Ken Cuccinelli has gone public in a new television spot with a side of himself that I thought would forever remain private. In 2006, just a couple of months after the conclusion of the General Assembly session Ken Cuccinelli's close friend…
May 2
Cuccinelli relieved from case, McDonnell still in the crosshair

Cuccinelli relieved from case, McDonnell still in the crosshair

In the case of former chef to the Executive mansion Todd Schneider, AG Cuccinelli's office (as predicted) has been let out of the case.In response to discovery motions implicating Governor Bob McDonnell, AG Cuccinelli's office moved the court…
Apr 30
Star Scientific and Cuccinelli, a fleeting excitement

Star Scientific and Cuccinelli, a fleeting excitement

An Attorney General seeking a governorship, a well-heeled businessman paying a substantial amount toward the Governor's daughter's wedding, a disgruntled former employee being prosecuted for embezzlement, and an off year election make…

Rank this Week: 2162

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/

May 21
Attorney Supports Lawsuit Funding for Plaintiffs Seeking Justice

Attorney Supports Lawsuit Funding for Plaintiffs Seeking Justice

"My client was being offered $200,000 on a case I knew was worth at least $700,000, but they didn't have the financial means to wait for a fair settlement. Lawsuit Financial provided an initial lawsuit cash advance of $5,000 and an…
May 21
Lawsuit Funding Can Help Victims of Faulty Valve Explosion at Paper Mill

Lawsuit Funding Can Help Victims of Faulty Valve Explosion at Paper Mill

May 19, 2012 began like any other Saturday morning for four employees of the Resolute Forest Products paper mill near the Catawba River. The three men and their supervisor were to work on a fiber line that soaks wood chips into pulp using…
May 20
Injured Victims Withstand the Litigation Process with Legal Funding Service

Injured Victims Withstand the Litigation Process with Legal Funding Service

More often than not, auto accident victims who are harmed through no fault of their own don’t realize they may be able to file a claim for damages. Instead, they settle with the insurance company, but don’t get what they deserve.…

Rank this Week: 1074

Delaware eDiscovery Report

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

http://www.delawareediscovery.com/

May 21
A Glossary of eDiscovery Term

A Glossary of eDiscovery Term

We lawyers have a tendency to confuse our terminology when discussing technology. This is especially true when discussing the technical aspects of eDiscovery. I was inspired by the excellent Grossman-Cormack Glossary of…
Apr 30
Proposed FRCP Amendment

Proposed FRCP Amendment

Henry Kelston of the Legal Intelligencer provides a useful summary of the amendments to the FRCP that were recently proposed by the United States Courts’ Advisory Committee on Civil Rules. The rules would seek to create uniformity on a…
Apr 26
Greeting

Greeting

Hello, and welcome back to the Delaware eDiscovery Report. There have been many developments recently in the world of eDiscovery, particularly in Delaware. Before providing a rundown of these new cases and guidelines, I would like…

Rank this Week: 1602

White Collar Defense and…

White Collar Defense and Compliance

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

http://whitecollarcrime.foxrothschild.com/

May 21
Eighth Circuit Limits Safe Harbor - Allowing Securities Fraud Violators To Avoid Jail If They Have "No Knowledge" Of Pertinent SEC Rule -- To Those Who Prove Lack Of Knowledge Of Rule's Substance

Eighth Circuit Limits Safe Harbor - Allowing Securities Fraud Violators To Avoid Jail If They Have "No Knowledge" Of Pertinent SEC Rule -- To Those Who Prove Lack Of Knowledge Of Rule's Substance

Alain Leibman writes: Under 15 U.S.C. § 78ff (a), a defendant who willfully violates any SEC rule or regulation is subject to imprisonment for up to 20 years, unless "he proves that he had no knowledge of such rule or regulation." This…
May 17
Defendant Bears Burden Of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute Of Limitations Defense On Which Government Normally Bears Burden

Defendant Bears Burden Of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute Of Limitations Defense On Which Government Normally Bears Burden

Alain Leibman writes: In a recent case, United States v. Smith, 133 S. Ct. 714 (2013), the Supreme Court had occasion to examine the conspiracy withdrawal defense and to reconsider whether it is the defendant or the government that carries…
May 16
State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent

State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent

As discussed here previously, prosecutors always look to introduce evidence of pleadings or orders entered in related civil litigation to achieve a variety of purposes in the present criminal case. Ostensibly, the civil matters are offered…

Rank this Week: 1064

New Jersey Attorney Law Review…

New Jersey Attorney Law Review Blog

Reviews published and unpublished civil law decisions of importance issued by the New Jersey Appellate Division and New Jersey Supreme Court. By Glenn Reiser.

http://newjerseylawreview.blogspot.com/

May 21
New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

New Jersey Appeals Court Spares Eviction of 89-Year Old Blind Man

In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new…
May 16
What is Wrong With Our Judicial System?

What is Wrong With Our Judicial System?

I couldn't find a better example to illustrate the problem with our judicial system. In a recently unpublished decision of the New Jersey Appellate Division, Hernandez v. North Jersey Neurosurgical Associates, Superior…
Feb 13
When is a Case Really Settled?

When is a Case Really Settled?

It is not too difficult to Imagine the following scenario. There is bitter litigation between 2 or more parties that has dragged on for several years. Each side is represented by legal counsel, and each has spent…

Rank this Week: 1303

Blawgletter

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

http://blawgletter.typepad.com/bbarnett/

May 21
Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Using Amateur Athlete's Avatar in Video Game Could Violate Right of Publicity, Third Circuit Rule

Electronic Arts, Inc., makes video games, including the NCAA Football series. EA put an avatar of Ryan Hart, an ex-quarterback at Rutgers, in the series. Hart sued EA for "violating his right of publicity as recognized under New Jersey…
May 20
WSJ Equates Filing Empty Seats with Court-Packing

WSJ Equates Filing Empty Seats with Court-Packing

About 76 years ago, President Franklin D. Roosevelt hatched a plan for bending to his will a recalcitrant and obstructive (by his lights) U.S. Supreme Court. The Court at the time consisted of seven Republican appointees and two Democratic…
May 15
$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit

A Houston jury awarded Wellogix $94.4 million for Accenture's misappropriation of trade secrets in software that helped oil and gas companies track and manage costs of drilling wells. The judge cut the award to what Wellogix asked for --…

Rank this Week: 296

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/

May 21
When is social media contact criminal?

When is social media contact criminal?

This week's Daily Record column is entitled "When is social media contact criminal?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** When is social media contact criminal? The online world…
May 15
Ethics of VLOs and advertising in New York

Ethics of VLOs and advertising in New York

This week's Daily Record column is entitled "Ethics of VLOs and advertising in New York." A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** The legal profession is in a state of flux. New…
May 14
Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorney

A special edition article that I recently wrote for the Daily Record column is entitled "Book Review: Paperno’s ‘Representing the Accused’ a step-by-step guide for criminal defense attorneys." A pdf of the article can be…

Rank this Week: 825

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/

May 21
How should a Strata Deal with the Owner from Hell? - Part 3

How should a Strata Deal with the Owner from Hell? - Part 3

Posted by Peter RobertsIn my January 2012 and July 2012 blog posts, I discussed the ongoing saga of the Jordisons, arguably the epitome of strata owners from hell. For a period of years, the Jordisons continually behaved…
May 1
Is it a Fixture or is it a Chattel?

Is it a Fixture or is it a Chattel?

Posted by Peter RobertsLandlords, tenants and law students all wrestle over what it means to be a fixture as opposed to a chattel. It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance…
Apr 23
BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

BC Court of Appeal Acknowledges Independence of the Bar as a Principle of Fundamental Justice

Posted by Ron SkolroodIn October 2011 I wrote about the BC Supreme Court decision in Federation of Law Societies of Canada v. Canada (Attorney General), 2011 BCSC 1270 in which the Court held that provisions of the federal Proceeds of Crime…

Rank this Week: 2406

E-Discovery Beat

Covers electronic discovery. By Exterro.

http://www.exterro.com/e-discovery-beat/

May 21
EDRM Kicks Off 2013 Annual Meeting with an Eye Towards the Big Picture

EDRM Kicks Off 2013 Annual Meeting with an Eye Towards the Big Picture

Earlier this month, EDRM held its 9th annual kickoff meeting in St. Paul, Minn. Bob Rohlf, Exterro’s E-Discovery Counsel, and Tom Cohen, Exterro’s Channel Manager, attended the meeting and spoke with the E-Discovery Beat editors…
May 20
Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

E-Discovery Law Alert: Judge Scheindlin Weighs Comity Concerns and Orders Production of Documents from Bank of China Despite Violation of Chinese Laws Inside Counsel: Legal privilege and the challenge of technology Corporate Counsel: 6 Things…
May 17
Case Law Clarity for Requesting Social Media ESI

Case Law Clarity for Requesting Social Media ESI

By Mike Hamilton, J.D. In last week’s post, “I Want Everything” Doesn’t Work…Even For Social Media, I noted that there is an emerging trend around requesting complete access to personal social media accounts…

Rank this Week: 1156

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/

May 21
Court Of Chancery Upholds Caremark Complaint

Court Of Chancery Upholds Caremark Complaint

In re China Agritech Inc. Shareholder Derivative Litigation, C.A. 7163-VCL (May 21, 2013) One of the harder aspects of practicing Delaware corporate law is dealing with all the decisions. This is an excellent summary of current Delaware…
May 17
Court Of Chancery Explains Exculpation Clause

Court Of Chancery Explains Exculpation Clause

Anvil Holding Corporation v. Iron Acquisition Corporation, C.A. 7975-VCP (May 17, 2013) Many acquisition agreements contain provisions that are intended to limit the buyer's remedies. This decision explains what language to use to…
May 16
Is the Court of Chancery Reforming Merger Litigation?

Is the Court of Chancery Reforming Merger Litigation?

Authored by Edward M. McNally This article was originally published in the Delaware Business Court Insider | May 15, 2013 There is an uproar going on about the practice of filing suit over every merger announced for a publicly…

Rank this Week: 928

Class Action Blog

Covers class action litigation in the Southeast and class action arbitrations nationally. By Carlton Fields.

http://www.carltonfields.com/classactionblog/blog.aspx

May 21
Class Action News of the Day

Class Action News of the Day

Sprint seeks Supreme Court review of California appeal court decision refusing to compel arbitration of class action alleging improper early termination fees. Supreme Court rejects Nucor Corp. appeal of certification of class of…
May 6
First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

This trio of cases concerned Pfizer’s off-label marketing of Neurontin and plaintiffs’ efforts to recover for the Neurontin prescriptions they had thereby been fraudulently induced to pay. In Kaiser, Plaintiffs’ primary…
May 3
Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Best Practices in Reducing Cost and Managing Risk in Class Action Litigation

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in 2012, representing a…

Rank this Week: 1880

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

May 21
Texting While Driving Is Deadly

Texting While Driving Is Deadly

By Brooke Cohen: I’m not sure even where to start writing here. As a mother I was heartbroken to hear the news of the young sixteen-year-old girl named Savannah Nash who died this weekend as she ran her car into a tractor-trailer -- an…
May 20
The Dark Side of Generic Drug

The Dark Side of Generic Drug

Dinesh Thakur was a whistleblower for the generic drug maker, Ranbaxy Laboratories in Gurgaon, India, 20 miles south of New Delhi. Due to his efforts, on May 13 of this year, Ranbaxy pleaded guilty to seven federal criminal counts of selling…
May 15
Transvaginal Mesh and the Wall Street Journal

Transvaginal Mesh and the Wall Street Journal

Author: Brooke Cohen The Wall Street Journal put out a timely article today entitled “Outcomes are Mixed for Pelvic Procedure”. I say timely because the product-liability lawsuits against five manufacturers of transvaginal…

Rank this Week: 1310

Expert Witness Blog

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

http://www.expertwitnessblog.com/

May 21
Physical Therapy Expert Witnesse

Physical Therapy Expert Witnesse

Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on…
May 20
Insurance Expert Witness On Recurring Insurance Litigation Themes Part 7

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 7

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring…
May 19
Real Estate Damages Expert Witnesses & Hurricane Sandy Lawsuit

Real Estate Damages Expert Witnesses & Hurricane Sandy Lawsuit

Real estate damages expert witnesses may give expert opinions on a wide range of issues including flood damage, hurricane damage, damage impact and related matters. In Sandy-Related Suits Against Co-ops, Condos Face Unique Challenges, the…

Rank this Week: 121

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/

May 20
Surrogate Refuses To Nullify Testator's Choice Of Fiduciary

Surrogate Refuses To Nullify Testator's Choice Of Fiduciary

The New York Law Journal has reported a decision of Nassau County Surrogate Edward McCarty III in the matter of the Will of Barboni, 2013-373014(April 25) which upheld the nomination of an executor whose two children both contested the…
May 12
Summary Judgment Granted To Void Trust For Lack Of Capacity

Summary Judgment Granted To Void Trust For Lack Of Capacity

Richmond County Surrogate Robert J. Gigante has ruled that a trust executed by an 88 year old decedent 61 days before her death was void for lack of mental capacity in the Matter of the Estate of Muriel Donaldson reported at 956 NYS2d…
Apr 4
Adjournment Of 1404 Examination Extends Time To File Objection

Adjournment Of 1404 Examination Extends Time To File Objection

The Supreme Court's Appellate Division has affirmed an order issued by Nassau County Surrogate Edward McCarty in the Matter of Palma A. Pascale 102 AD 3rd 796 which granted objectant's motion to compel production of certain documents…

Rank this Week: 670

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

http://www.clearwellsystems.com/e-discovery-blog

May 20
The eDiscovery Trinity: Spoliations Sanctions, Keywords and Predictive Coding

The eDiscovery Trinity: Spoliations Sanctions, Keywords and Predictive Coding

The world of eDiscovery appears to be revolving around a trifecta of issues that are important to both clients and counsel. A discovery-focused conversation with litigants and lawyers in 2013 will almost invariably turn to some combination of…
May 15
Defensible Deletion and The A-Team: I Love It When An Information Governance Plan Comes Together

Defensible Deletion and The A-Team: I Love It When An Information Governance Plan Comes Together

One of the clear eDiscovery trends that has taken root during the past year is defensible deletion. Indeed, there are any number of news stories reporting that more organizations are taking steps to eliminate electronically stored information…
May 10
Breaking News: Court Orders Google to Produce eDiscovery Search Terms in Apple v. Samsung

Breaking News: Court Orders Google to Produce eDiscovery Search Terms in Apple v. Samsung

Apple obtained a narrow discovery victory yesterday in its long running legal battle against fellow technology titan Samsung. In Apple Inc. v. Samsung Electronics Co. Ltd, the court ordered non-party Google to turn over the search terms and…

Rank this Week: 836

California Civil Litigation Blog

Covers electronic discovery, insurance litigation, security and privacy, and other civil litigation topics in California. By M. Scott Koller.

http://www.koller-law.com

May 20
NIST releases 4th version of security control catalog SP 800-53

NIST releases 4th version of security control catalog SP 800-53

The National Institute of Standards and Technology released April 30 a revised version of its security control catalog for federal systems, SP 800-53. The revision (.pdf), the fourth version of the security controls catalog, also…
May 14
California AG’s Mobile App Case Against Delta Dismissed

California AG’s Mobile App Case Against Delta Dismissed

A state court has dismissed the California Attorney General’s claims that Delta Air Lines Inc. (“Delta”) violated the California Online Privacy Protection Act by failing to have an appropriately posted privacy…
Jan 17
HIPAA Omnibus Final Rule Released

HIPAA Omnibus Final Rule Released

This afternoon, HHS released the attached omnibus final rule modifying the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules as required the Health Information Technology Economic and Clinical Health (HITECH) Act and the…

Rank this Week: 1254

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/

May 20
Never Rely on Self-Diagnosis of Bia

Never Rely on Self-Diagnosis of Bia

By Dr. Ken Broda-Bahm: Think of the situations where self-diagnosis wouldn't work very well: A police officer asking, "Do you think you were speeding?" or a doctor inquiring, "Do you believe your cancer is in remission?"…
May 16
Counter the Cheap Shot

Counter the Cheap Shot

By Dr. Ken Broda-Bahm: It happens sometimes in an argument: You know the claim you're hearing is false, but you also know that it sounds like it could be true, and it'll be a lot harder to refute the argument than it was to make it in the…
May 13
Beware the Anti-Theme

Beware the Anti-Theme

By Dr. Ken Broda-Bahm: We've written frequently on themes: those little nuggets of language and meaning that distill a case to its persuasive essence. As consultants, we create themes even more frequently, trying to find the right message to…

Rank this Week: 2525

Nashville Trial Lawyer Blog

Covers news, injury, consumer, business and class action law. By Law Office of David S. Hagy P.L.C.

http://www.nashvilleinjurylawyer-blog.com/

May 20
Nashville Car Accident News Story Shows Importance Of Seat Belt

Nashville Car Accident News Story Shows Importance Of Seat Belt

A recent news story here in Nashville illustrates the importance of seat belts in saving lives and preventing injuries in serious car accidents. Channel 5 reported on a drunk driving accident on Nolensville road in which one driver crossed…
May 16
Tennessee Supreme Court Rules That Federal Law Does Not Bar Injury Claims in Bus Accident

Tennessee Supreme Court Rules That Federal Law Does Not Bar Injury Claims in Bus Accident

The Nashville-based Tennessee Supreme Court recently reversed an appeals' court decision, which had ruled that federal law prevented a plaintiff-passenger from bringing a claim for disabling injuries sustained when thrown from a shuttle bus…
May 16
Tennessee Supreme Court Disallows Negligence Lawsuit Against Hospital Due to Elapsed Statute of Limitation

Tennessee Supreme Court Disallows Negligence Lawsuit Against Hospital Due to Elapsed Statute of Limitation

The decision in Cunningham v. Williamson County Hospital District exemplifies why people who have suffered a loss or injury due to the negligence of another must consult with a local Nashville attorney as soon as possible after the injury…

Rank this Week: 1302

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

May 20
Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Fraud on the court, Engle-class decision, Jordanian law, and sage-rubbed roasted free range chicken, tomato-rosemary rissoto

Bankruptcy -- Voidable transfers -- Fraud -- Cash dividend transferred to shareholder in amount equal to shareholder's income tax attributable to his share of debtor's S-corporation taxable income was not avoidable -- Debtor received…
May 16
Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

Criminal charges dropped against Florida teen iniitially charged with adult felony after she mixed household chemicals in water bottle that exploded on school grounds.

"All criminal charges have been dropped against a Florida teen who initially faced an adult felony case after she mixed household chemicals in a water bottle and it exploded on school grounds. Kiera Wilmot, 16, has said the incident was a…
Apr 22
Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Certiorari, offers of judgment, prevailing parties, mortgage foreclosure, and herbed Southern biscuits with goat cheese rolled in lavender-bee pollen-tupelo honey, and homemade strawberry jam and fig preserve

Appeals -- Certiorari -- No basis for certiorari review regarding grant of motion for protective order as to interrogatories and order declaring plaintiff a “vexatious litigant” -- Jurisdiction -- Appeal of dismissal for failure…

Rank this Week: 1824

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/

May 20
Some Post from the "Legal Writing" Category

Some Post from the "Legal Writing" Category

In case you missed them, here are a few of the many posts I've written for the "legal writing" category of The Trial Practice Tips Weblog-- How to Begin a Brief or Memorandum Is Shorter Really Better? When You're Stuck,...
May 16
An Unplanned Break for Television

An Unplanned Break for Television

At Abnormal Use, Jim Dedman asks, "Why is discovery rarely, if ever, depicted on lawyer television shows?"-- When is the last time you saw a witness being deposed on a lawyer television show? When is the last time you saw...
May 9
How to Find Out If a Doctor is Board Certified

How to Find Out If a Doctor is Board Certified

Certification Matters, a website operated by the not-for-profit American Board of Medical Specialties (ABMS), will tell you if a specific doctor is board certified. The site also contains other information that might be helpful in researching…

Rank this Week: 1414

Tennessee Defense Litigation

Covers civil defense litigation issues in Tennesee.

http://www.tennesseedefenselitigation.com/

May 20
Corporation and LLC law - Piercing the corporate veil under Tennessee Law.

Corporation and LLC law - Piercing the corporate veil under Tennessee Law.

Analysis: The recent Tennessee Court of Appeals decision of Robert Thomas Edmunds v. Delta Partners, LLC, No. M2012-00047-COA-R3-CV, 2012 WL 6604580 (Tenn. Ct. App. December 18, 2012) discussed the concept of piercing the corporate veil…
May 6
Employment Contract - When do documents between an employer and employee consist of an "employment contract" under Tennessee Law?

Employment Contract - When do documents between an employer and employee consist of an "employment contract" under Tennessee Law?

Analysis: The Tennessee Court of Appeals recently discussed the important issue of when a document or series of documents should be considered an “employment contract” under Tennessee law in Robert Thomas Edmunds v. Delta…
May 2
Federal Sixth Circuit Court of Appeals - Reversal and timing statistic

Federal Sixth Circuit Court of Appeals - Reversal and timing statistic

This is a good article that I thought you might be interested in concerning reversal statistics for the US Court of Appeals for the Sixth Circuit. This is from the Sixth Circuit Appellate Blog which is a great blog that keeps you up to…

Rank this Week: 1120

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/

May 20
Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

Presumption of good faith in pleadings and sanctions for groundless suit and harrassment by litigation

GOOD FAITH IN PLEADINGS AND IMPOSITION OF SANCTIONS UNDER CHAPTER 10 OF THE CPRC AND/OR RULE 13 OF THE TRCP Chapter 10 of the Civil Practices and Remedies Code provides that the signing of a pleading or motion…
May 12
Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

Statute of frauds not self-executing, must be invoked to serve as defense in lawsuit

STATUTE OF FRAUDS AS AFFIRMATIVE DEFENSE: MUST BE INVOKED BY THE PLEADINGS The statute of frauds is an affirmative defense to the enforcement of a contract which must be pleaded or it is waived. TEX. R. CIV. P. 94; Swinehart…
May 10
Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Testimony, affidavit about contract likely useless in court if it violates the Parol Evidence Rule

Parol Evidence Rule Parol evidence may not be used to vary or contradict the express or implied terms of an unambiguous written agreement absent a showing of fraud, accident, or mutual mistake. Toler v. Sanders, 371 S.W.3d 477, 481 (Tex.…

Rank this Week: 1407

For the Defense

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

http://forthedefense.org/ftd.aspx

May 20
Employers Challenging the Authority of NLRB

Employers Challenging the Authority of NLRB

With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
May 17
Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
May 15
The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan…

Rank this Week: 662

DRI Today

Covers the defense of civil actions.

http://dritoday.org/Default.aspx

May 20
Employers Challenging the Authority of NLRB

Employers Challenging the Authority of NLRB

With the DC Circuit having invalidated President Obama’s recess appointments to the National Labor Relations Board, employers are finding increasingly more ways to challenge the Board’s authority to act. The Court’s decision…
May 17
Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

Thoughts on the Supreme Court’s Long Awaited Decision Regarding Patent Exhaustion: Monsanto V. Bowman, -- S.CT. -- (2013)

In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s…
May 15
The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan…

Rank this Week: 1368

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/

May 20
13 Revolutionary Changes in Jury Consulting & Trial Consulting

13 Revolutionary Changes in Jury Consulting & Trial Consulting

by Ken LopezFounder/CEOA2L Consulting I believe that jury consulting has been done the wrong way for 40 years -- at least the way most people do it. I want to share some new ideas, best practices, beliefs and around-the-corner thinking about…
May 16
4 Reasons Televised Criminal Trials Get So Much Attention

4 Reasons Televised Criminal Trials Get So Much Attention

by Laurie Kuslansky, Ph.D. Although pop culture cases that capture the nation’s attention are hardly typical of trials today, many viewers believe they are and they tend to set unrealistic expectations for those who may be called for…
May 13
[Download New E-Book] Using Litigation Graphics to Persuade

[Download New E-Book] Using Litigation Graphics to Persuade

by Ken LopezFounder/CEOA2L ConsultingWe at A2L Consulting have just published a new, completely free, e-book that anyone who’s interested in trials and litigation should have. No more comprehensive volume on litigation graphics exists,…

Rank this Week: 2344

SCOTUSblog

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

http://www.scotusblog.com/

May 20
Live blog of orders and opinions (Sponsored by Bloomberg Law) (Updated: Completed)

Live blog of orders and opinions (Sponsored by Bloomberg Law) (Updated: Completed)

With the help of our reporter, Lyle Denniston, we will be live blogging as orders and opinions are issued today. Once you see the window and our initial welcome, we ask that you do not refresh your browser. Updates will appear without the…
May 20
Monday round-up

Monday round-up

Briefly: As part of her outreach to poor and immigrant parents, Justice Sonia Sotomayor spoke recently at the New York City Department of Education’s English Language Learning Parent Conference, where she urged the audience to work hard…
May 18
This week at the Court

This week at the Court

At 9:30 a.m. on Monday we expect orders from the May 16 Conference. Our list of “Petitions to watch” for that Conference is here. At 10 a.m. we expect opinions in argued cases. We will begin live blogging shortly before 9:30. On…

Rank this Week: 130

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