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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…
  • Dec 17

    Has the Chancery Court Created a New Tort?

    Has the Chancery Court Created a New Tort?
    Authored By Edward M. McNally This article was originally published in the Delaware Business Court Insider | December 17, 2014 A recent decision by the Delaware Court of Chancery may have plowed fresh ground by…
Rank this Week: 1731

Pendleton Judicial Training…

Pendleton Judicial Training Updates

The official repository of the "Minnesota Judicial Training Updates," which provides judicial tips for judges and attorneys.

http://www.PendletonUpdates.com
Rank this Week: 2098

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 44

Alabama Litigation Review

Alabama Litigation Review

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

http://www.alabamalitigationreview.com
  • Dec 21

    Failed FDA Process Opens Door To Dangerous Medical Device

    Failed FDA Process Opens Door To Dangerous Medical Device
    Power morcellators. Transvaginal mesh. Both are examples of the FDA’s faulty 510(k) process. I’ve written several times about transvaginal mesh – products that have caused tremendous personal injury to women in Alabama and…
  • Nov 20

    Walmart Seeks To Delay Justice

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

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product

    Boston Scientific Suffers Another Trial Loss Over A Mesh Product
    Last week, a Federal Court jury in Florida found Boston Scientific liable for the severe personal injuries caused by one of its transvaginal mesh products. The Florida case involved four women suffering tremendous problems from implanted…
Rank this Week: 3893

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: 483

Texas Causes of Action Blawg

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/
  • Dec 21

    Novation defined (2014 Dallas Court of Appeals case)

    Novation defined (2014 Dallas Court of Appeals case)
    WHAT IS A NOVATION IN A CONTRACTUAL RELATIONSHIP? A novation is the substitution of a new agreement in place of an existing agreement between the parties. Goldman v. Olmstead, 414 S.W.3d 346, 358 (Tex. App.-Dallas 2013, pet. denied); In re…
  • Dec 20

    Res Judicata (2014 caselaw snips)

    Res Judicata (2014 caselaw snips)
    Res judicata (14th Court of Appeals Houston) A party claiming the affirmative defense of res judicata must prove (1) a prior final determination on the merits by a court of competent jurisdiction; (2) identity of parties or those in privity…
  • Dec 20

    Offensive use of Collateral Estoppel doctrine by the Plaintiff against the Defendant

    Offensive use of Collateral Estoppel doctrine by the Plaintiff against the Defendant
    When the Plaintiff invokes collateral estoppel  In seeking to invoke the doctrine of collateral estoppel, a party must establish three elements: (1) the facts sought to be litigated in the second action were fully and fairly litigated,…
Rank this Week: 3281

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
  • Dec 21

    Australian Private International Law for the 21st Century (Hart, 2014)

    Australian Private International Law for the 21st Century (Hart, 2014)
    A new edited collection, Australian Private International Law for the 21st Century: Facing Outwards, has just been published by Hart/Bloomsbury. Edited by Andrew Dickinson, Mary Keyes and Thomas John, here’s the blurb: A nation’s…
  • Dec 20

    Latest Issue of RabelsZ: Vol. 78 No 4 (2014)

    Latest Issue of RabelsZ: Vol. 78 No 4 (2014)
    The latest issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht  – The Rabel Journal of Comparative and International Private Law” (RabelsZ) has recently been released. It…
  • Dec 19

    WIPO-ILA Seminar on IP and Private International Law

    WIPO-ILA Seminar on IP and Private International Law
    A one day Seminar (starting 1 pm, ending 6pm) on Intellectual Property and Private International Law organized by the World Intellectual Property Organization (WIPO) and the International Law Association (ILA), will be held at the WIPO…
Rank this Week: 60

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Dec 20

    This week at the Court

    This week at the Court
    The Justices will meet for their next Conference on January 9. The January sitting begins on January 12.
  • Dec 19

    Petition of the day

    Petition of the day
    The petition of the day is: Fox v. Fox 14-435 Issue: Whether, under the Due Process Clause, a state court must have personal jurisdiction over an assailant to award a no-contact order, valid only within that state, to a victim of…
  • Dec 19

    Appeals court: Gun control must meet toughest test

    Appeals court: Gun control must meet toughest test
    Breaking ranks with other federal appeals courts, and probably setting up a major test case for the Supreme Court, the U.S. Court of Appeals for the Sixth Circuit has ruled that laws imposing controls on the personal right to have a gun must…
Rank this Week: 10

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Dec 20

    Medical Malpractice Notice - Incomplete HIPAA Form

    Medical Malpractice Notice - Incomplete HIPAA Form
    As Tennessee Courts continue to grapple with what exactly constitutes substantial compliance when sending pre-suit notice of a healthcare liability action, a recent case provides hope that a reasoned approach may ultimately prevail -…
  • Dec 18

    Seeking Reconsideration of Summary Judgment Motions in Tennessee

    Seeking Reconsideration of Summary Judgment Motions in Tennessee
    In Bilbo v. Ocoee Place Condominium Homeowners Ass’n, No. E2013-02532-COA-R3-CV (Tenn. Ct. App. Dec. 12, 2014), plaintiffs filed suit alleging negligent construction of condos. Defendant HOA filed a motion for summary judgment stating…
  • Dec 15

    Conversion of Motions to Dismiss Into Motions for Summary Judgment

    Conversion of Motions to Dismiss Into Motions for Summary Judgment
               In Tennessee, trial judges are allowed to convert Rule 12 Motions to Dismiss into Motions for Summary Judgment, but this action “should be taken only in rare cases and with meticulous…
Rank this Week: 199

A Blog on Legal Matters that…

A Blog on Legal Matters that Matter

Comments on trials and litigation and injury and accident law. By The Martin Law Firm, LLC.

http://blog.martinfirmllc.com/
  • Dec 20

    Did You Know FMLA Parental Leave Applies to Men, Too?

    Did You Know FMLA Parental Leave Applies to Men, Too?
    It is pretty well-known that, after the birth of a child, a mother is allowed to take medical leave from their jobs. This leave is not limited to recover from pregnancy and childbirth. It is also to allow for the care of, and bonding with,…
  • Dec 5

    What Ferguson Should Teach Us About Dealing with Police Officer

    What Ferguson Should Teach Us About Dealing with Police Officer
    By now, everyone is familiar with the unfortunate shooting of Michael Brown, an unarmed black teen shot and killed back in August. He was shot several times by white police officer, Darren Wilson, in Ferguson, Missouri a suburb of St. Louis.…
  • Nov 28

    Road Conditions and Contributory Negligence in Auto Accident

    Road Conditions and Contributory Negligence in Auto Accident
    According to one forecast, Birmingham can expect to see at least one major snowstorm, most likely in February. While Alabamians may have scoffed at this forecast years ago, after last year's "snowmageddon," we now know nothing is impossible.…
Rank this Week: 2612

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
  • Dec 20

    The EEOC Nets Its Biggest Judgment Of The Year In Hawaii

    The EEOC Nets Its Biggest Judgment Of The Year In Hawaii
    By Gerald L. Maatman, Jr. and Laura Maechtlen In a ruling on December 19, 2014, in EEOC v. Global Horizons, Inc., Case No. 11-CV-257 (D. Haw. Dec. 19, 2014), Judge Leslie Kobayashi of the U.S. District Court for the…
  • Dec 16

    The 2014 Judicial “Hellholes” Report Is Out!

    The 2014 Judicial “Hellholes” Report Is Out!
    By Gerald L. Maatman, Jr. Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the…
  • Dec 15

    Supreme Court Allows Removal Of Class Actions Under CAFA Without Evidence In Removal Notice Of Amount-In-Controversy

    Supreme Court Allows Removal Of Class Actions Under CAFA Without Evidence In Removal Notice Of Amount-In-Controversy
    By Gerald L. Maatman, Jr. and Rebecca S. Bjork The U.S. Supreme Court ruled on a 5-4 vote today — across perceived “liberal/conservative” lines, at least until the very end — that defendants may remove class action…
Rank this Week: 517

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/
  • Dec 20

    In Legal Search Exact Recall Can Never Be Known – Part One

    In Legal Search Exact Recall Can Never Be Known – Part One
    By Ralph Losey“Uncertainty is an uncomfortable position. But certainty is an absurd one.” VOLTAIRE In legal search you can never know exactly what recall level you have attained. You can only know a probable range of recall.…
  • Dec 19

    The Cloud in 2015: Predictions from Greylock and Sequoia

    The Cloud in 2015: Predictions from Greylock and Sequoia
    By Kamal ShahIt’s always fun (and a bit humbling) to look back at predictions for the current year to see which were spot on and which missed the mark. In reexamining our own predictions for 2014 , several came to fruition in full…
  • Dec 18

    Basic Assumptions Gone Wrong: ECM and Document Unitization

    Basic Assumptions Gone Wrong: ECM and Document Unitization
    By John MartinMany times it’s the hidden assumptions, the ones that are never made explicit or never periodically confirmed, that can cause the most damage when they’re wrong. In Information Governance and Enterprise Content…
Rank this Week: 31

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Dec 20

    Superior Court Interprets ‘Prompt Notice’

    Superior Court Interprets ‘Prompt Notice’
    The Complex Commercial Litigation Division of the Superior Court routinely presides over actions involving insurance coverage and contractual indemnification clauses. In Avaya, Inc. v. Charter Communications Holding Co., Inc., et al., the…
  • Dec 17

    Imagine that! Damages calculations must be based on something more than an economic expert’s imagination.

    Imagine that! Damages calculations must be based on something more than an economic expert’s imagination.
    A damages expert can’t just pull numbers out of thin air.  For example, in Johnson v. Henning, C.A. No. K12C-10-038 RBY (Young, J.)—a negligence suit arising out of an auto accident—the Delaware Superior Court issued a…
  • Dec 13

    Serving As Local Counsel – Lessons From The Court Of Chancery

    Serving As Local Counsel – Lessons From The Court Of Chancery
      Members of the Delaware bar frequently have the pleasure of serving as local counsel for out-of-state attorneys who are litigating before a Delaware court.  As Carl Neff discusses in more detail on our Delaware Chancery…
Rank this Week: 2222

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: 1080

Koehlerlegal

Koehlerlegal

Discusses current cases and issues in the law. By Kurt T. Koehler.

http://www.koehlerlegal.blogspot.com/
  • Dec 19

    Supreme Court Original Jurisdiction

    Supreme Court Original Jurisdiction
    The lawsuit by Nebraska and Oklahoma against Colorado is an interesting development on the legalization issue. This case filed by a state against another state would fall under the original jurisdiction of the Supreme…
  • Nov 30

    Appellate Case Timeline

    Appellate Case Timeline
    The Wall Street Journal has an interesting article about the length of time that recent Supreme Court cases from the last five years were pending by the time they reached the apex court.  This article only considers cases where the…
  • Oct 31

    Jurors and the Plea

    Jurors and the Plea
    In Williams v. Swarthout the U.S. Ninth Circuit Court of Appeals reversed a conviction, because the judge erroneously stated after swearing in the jury that the defendant pleaded guilty at the beginning of the trial.  The defendant…
Rank this Week: 3948

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
  • Dec 19

    The Serial Podcast, Coda: The Death of the Prosecution's Case

    The Serial Podcast, Coda: The Death of the Prosecution's Case
    When you tease apart the State’s case, you can get tripped up on details like this. Which is maybe why prosecutor, Kevin Urick, addressed this head on in his opening statement to the jury. He told them, "look at the...
  • Dec 19

    The Serial Podcast, Followup: The Nisha Call -- The Most Important Evidence of Adnan's...Innocence?

    The Serial Podcast, Followup: The Nisha Call -- The Most Important Evidence of Adnan's...Innocence?
    I've done nineteen posts (here, here, here, here, here, here, here, here, here, here here, here, here, here, here, here, here, here, here, and here) about Sarah Koenig's Serial Podcast, which deals with the 1999 prosecution of 17 year-old…
  • Dec 19

    The Serial Podcast, Followup: Todd Berger on Adnan's Chance of Success on Appeal

    The Serial Podcast, Followup: Todd Berger on Adnan's Chance of Success on Appeal
    I've done nineteen posts (here, here, here, here, here, here, here, here, here, here here, here, here, here, here, here, here, here, here, and here) about Sarah Koenig's Serial Podcast, which deals with the 1999 prosecution of 17 year-old…
Rank this Week: 1759

The Expert Institute Blog

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/
  • Dec 19

    Home Depot Data Breach Moves to MDL

    Home Depot Data Breach Moves to MDL
    The September 8th announcement by Home Depot that approximately 56 million customer credit and debit accounts had been exposed to hackers has resulted in a wellspring of lawsuits against the...The post Home Depot Data Breach Moves to MDL…
  • Dec 19

    Daubert Challenges – A Professional Perspective

    Daubert Challenges – A Professional Perspective
    Since Daubert v. Merrell Dow Pharmaceuticals in 1993, the Frye “general acceptance” test has been superceded by the newer Daubert standard for the admissibility of expert evidence on the federal level and…
  • Dec 19

    Writing an Expert Witness Report

    Writing an Expert Witness Report
    As a new expert witness, one of the most confusing – and important – elements of your expert witness testimony will be your expert witness report. While a good attorney...The post Writing an Expert Witness Report appeared first on…
Rank this Week: 586

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/
  • Dec 19

    Cinematic dissent from denial of review

    Cinematic dissent from denial of review
    Justice Willett of the Texas Supreme Court pens this must-read dissent from the denial of review.And just as in the movie he repeatedly references, you'll enjoy it most if you stay with it to the very end....Also of note: Lawyer who filed…
  • Dec 18

    Judge Berzon on Justice Brennan

    Judge Berzon on Justice Brennan
    On January 22 at the Biltmore in downtown LA, LACBA's Labor & Employment Law Section presents a dinner/MCLE program: Justice Brennan's Labor & Employment Jurisprudence: Will We See the Like Again?Justice William J. Brennan, the…
  • Dec 18

    3 Questions for the hiring of appellate counsel

    3 Questions for the hiring of appellate counsel
    On Law360, H&L's David Axelrad offer some client-centered advice in 3 Questions To Ask Yourself Before Hiring Appellate Counsel. Every good appellate lawyer should (1) be able to help build and preserve the record; (2) know…
Rank this Week: 486

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
  • Dec 19

    New Year, New Laws for Employment Lawyer

    New Year, New Laws for Employment Lawyer
    The following is a guest blog post by Tyler M. Paetkau, a partner with Hartnett, Smith & Paetkau in Redwood City. Tyler represents employers in all aspects of labor and employment law. He’s a frequent author and speaker on labor and…
  • Dec 17

    Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmare

    Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmare
    Estate planning attorneys regularly advise their clients about the tax and other advantages of transferring real property to irrevocable trusts or similar estate planning vehicles. But they may not consider the potentially disastrous title…
  • Dec 15

    Give the Reporter a Hand to Get a Clean Depo Transcript

    Give the Reporter a Hand to Get a Clean Depo Transcript
    When you’re taking a deposition, you know that ensuring a complete and accurate record is vital. So don’t take the person who’s dutifully taking down the proceedings for granted: Assisting the court reporter is not only…
Rank this Week: 2044

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Dec 19

    FL Updates Instructions on Use of Electronic Devices by Juror

    FL Updates Instructions on Use of Electronic Devices by Juror
    Florida has recently updated its instructions on the use of electronic devices by jurors. I like these updates because they provide the all important "why." As I have stated numerous times before, if you want jurors to buy-in to…
  • Dec 18

    Stealth Juror

    Stealth Juror
    Lawyers for Aaron Hernandez, the former professional football player now on trial for the murder of Odin Loyd, want the court to grant them additional peremptory challenges. The defense attorneys claim that they need the additional…
  • Dec 17

    More Criticism of the Illinois Jury Bill

    More Criticism of the Illinois Jury Bill
    Another Illinois newspaper comes out against the Illinois jury bill that is awaiting the signature of Governor Quinn. Yesterday it was the Chicago Tribune, today it is the Rockford Register Star. Rockford Register Star. Our View: Pay hike for…
Rank this Week: 4488

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/
  • Dec 19

    [New and Free E-Book] The In-House Counsel Litigation Toolkit

    [New and Free E-Book] The In-House Counsel Litigation Toolkit
      by Ken LopezFounder/CEOA2L Consulting In recent years, I have seen in-house counsel become increasingly involved in litigation. Gone are the days when in-house would simply hire the top name litigator and hope for the best. Today,…
  • Dec 17

    Why You Did Not Use a Mock Trial [One-Question Survey]

    Why You Did Not Use a Mock Trial [One-Question Survey]
      by Ken LopezFounder/CEOA2L Consulting Most would agree that mock trials are not conducted as often as they should be. After all, why wouldn't you want to learn what kinds of jurors you will see on your jury, understand what works…
  • Dec 10

    A Mixed Litigation Industry Outlook for 2015

    A Mixed Litigation Industry Outlook for 2015
     
Rank this Week: 1793

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Dec 19

    THANKS AND BEST WISHES FOR THE HOLIDAYS TO YOU

    THANKS AND BEST WISHES FOR THE HOLIDAYS TO YOU
      HAPPY HOLIDAYS  FROM TORT TALK.COM(i.e., DAN CUMMINS)  [THANKS FOR YOUR READERSHIP AND SUPPORT.]      Source of image :  www.blakedorsten.com
  • Dec 17

    "Did Your Attorney Refer You to that Doctor?"

    "Did Your Attorney Refer You to that Doctor?"
    A Dynamic Duo(Could be on either side of the bar)In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge…
  • Dec 16

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim

    PA Supreme Court Upholds Assignment of Rights in Excess Bad Faith Claim
    Tort Talkers may recall previous posts on the case of Allstate Ins. Co. v. Wolfe, in which the Pennsylvania Supreme Court accepted an issue to review on certification of a matter from the U.S. Third Circuit Court of Appeals who was seeking…
Rank this Week: 738

Defense Litigation Insider

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

http://www.defenselitigationinsider.com
  • Dec 19

    Whole Foods Faces Tremendous Risk In Connection With The Death of an 8 Year-Old From E. Coli 0157:H7 Infection

    Whole Foods Faces Tremendous Risk In Connection With The Death of an 8 Year-Old From E. Coli 0157:H7 Infection
    Javier F. Flores The parents of Joshua Kaye, an 8 year-old boy from Braintree, Massachusetts who died on July 7, 2014, after contracting an E. coli 0157:H7 infection that turned into hemolytic uremic syndrome, have filed suit against Whole…
  • Dec 1

    Calif. Supreme Court Takes On ‘Take-Home’ Asbesto

    Calif. Supreme Court Takes On ‘Take-Home’ Asbesto
    Jeremiah Harvey Specifically, the court granted preferential review of the issue:   “If an employer’s business involves either the use or the manufacture of asbestos-containing products, does the employer owe a duty of care…
  • Sep 12

    Delaware Supreme Court Tosses $2.8 Million Verdict in Galliher Asbestos Trial

    Delaware Supreme Court Tosses $2.8 Million Verdict in Galliher Asbestos Trial
    William Larson Overview: In an opinion written by Justice Henry DuPont Ridgely, a unanimous panel of the Delaware Supreme Court recently threw out a $2.8 million verdict in the case of Michael Galliher v. R.T. Vanderbilt.  Defense…
Rank this Week: 4008

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 19

    Supplemental Jurisdiction Found Over Disparagement & Defamation Claim

    Supplemental Jurisdiction Found Over Disparagement & Defamation Claim
    DR Distributors, LLC v. 21 Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Nov. 20, 2014) (Johnston, Mag. J.). Judge Johnston granted defendant’s motion to amend adding state law disparagement and defamation claims in this…
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
Rank this Week: 976

The Jury Room

The Jury Room

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

http://keenetrial.com/blog
  • Dec 19

    Simple Jury Persuasion: You are loved and cared for

    Simple Jury Persuasion: You are loved and cared for
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, today is the last day to vote for us here in the Litigation Category. Is this perhaps the anti-reptile theory? We don’t know,…
  • Dec 17

    Same sex marriage is okay but please, no PDA!

    Same sex marriage is okay but please, no PDA!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a…
  • Dec 15

    Are you a murdered white female? Here is some small comfort!

    Are you a murdered white female? Here is some small comfort!
    We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita If you are a murdered…
Rank this Week: 566

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/
  • Dec 19

    Does Tort Law Empower?

    Does Tort Law Empower?
    Ori J. Herstein, How Tort Law Empowers, 64 U. Toronto L.J.___ (2014) (forthcoming), available at SSRN.Anthony SebokOri Herstein’s How Tort Law Empowers takes on the question of whether and how tort law empowers victims.…
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
Rank this Week: 301

Nick Woolridge, Esq. Blog

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog
  • Dec 19

    Sandy Hook Massacre Victims Suing Gunmaker

    Sandy Hook Massacre Victims Suing Gunmaker
    Another attempt to sue a gunmaker is currently in the works in Connecticut. Nine families of the Sandy more »
  • Dec 12

    Legal Immunity For Ebola Vaccine Maker

    Legal Immunity For Ebola Vaccine Maker
    In order to encourage the development and availability of experimental Ebola vaccines, the U.S. Department of Health and more »
  • Dec 5

    Innovative Lawsuit Against U.S. Bank

    Innovative Lawsuit Against U.S. Bank
    Hayward Ferrell of Huber Heights, Ohio has initiated an innovative lawsuit against U.S. Bank, a division of U.S. more »
Rank this Week: 2945

California Business Litigation…

California Business Litigation Blog

Covers a wide range of business litigation issues in the Southern California area. By Sylvester, Oppenheim, & Linde.

http://www.californiabusinesslitigation.com/
  • Dec 19

    Happy Holiday

    Happy Holiday
    The Sylvester Oppenheim & Linde Team Wish You and Yours a Wonderful Holiday Season and a Happy, Healthy & Prosperous New Year
  • Dec 12

    Zillow Sued Over Employment Practice

    Zillow Sued Over Employment Practice
    Online real estate company Zillow is the subject of several lawsuits that allege a hostile working environment. The latest was filed by former Zillow employee Jennifer Young, a 41 year-old single mother with two children. Young was employed…
  • Dec 4

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
    One of the questions I hear frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting. Our law firm, Sylvester Oppenheim…
Rank this Week: 2340

Legal Costs Blog

Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/
  • Dec 18

    Regulating the legal profession

    Regulating the legal profession
    Nicholas Lavender QC, the chairman of the Bar Council, recently criticised the concept of entity-based regulation and suggested it was “simply a fashionable idea amongst regulators”. The Costs Lawyer Standards Board is currently…
  • Dec 17

    Slip of the tongue

    Slip of the tongue
    Some of the more interesting reading in court judgments comes in the exchanges with the judge that sometimes end up being included in the transcript after the formal judgment has been given. I mentioned the case of Connor v Birmingham…
  • Dec 16

    Relief from sanctions application

    Relief from sanctions application
    Carrying on with my tidy up, I came across a copy of the judgment of His Honour Judge Hamilton in Connor v Birmingham City Council (16 March 2005). This concerned a case where a claimant had given notice that a … Continue reading…
Rank this Week: 826

eDiscovery Daily Blog

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/
  • Dec 18

    What I Want for Christmas - eDiscovery Wish List

    What I Want for Christmas - eDiscovery Wish List
    With over 1,070 posts since September 20, 2010, we’ve had a lot to say about eDiscovery over 4+ years. However, we’ve never published a Christmas wish list of what we’d like to see happen in eDiscovery over the next year,…
  • Dec 17

    December Case Law Pop Quiz Answers! - eDiscovery Case Law

    December Case Law Pop Quiz Answers! - eDiscovery Case Law
    Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! Let's see how you did. Here are the…
  • Dec 16

    December Case Law Pop Quiz! - eDiscovery Case Law

    December Case Law Pop Quiz! - eDiscovery Case Law
    We have time for one more case law pop quiz before the end of the year – this one is customized to the case law that we’ve covered since late October. If you’re reading the blog each day, these questions should be easy! If…
Rank this Week: 546

Court Technology and Trial…

Court Technology and Trial Presentation Blawg

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

http://trial-technology.blogspot.com/
  • Dec 18

    Trial Tech Tips -- Equipment Failure

    Trial Tech Tips -- Equipment Failure
    I've often said that when it comes to trial technology, it’s not a question of if it will fail, but rather when it will fail, how bad that failure will be, how long it will take to fix it, and whether anyone else will even notice that…
  • Dec 4

    Trial Tech Tips – Zoom and Highlighter

    Trial Tech Tips – Zoom and Highlighter
    Two of the most important and frequently used features in trial presentation are also two of the most basic – the zoom and the highlighter. These two features can literally bring a document-intensive trial to life – quickly…
  • Nov 23

    Trial Tech Tips - TrialDirector Bates Numbering

    Trial Tech Tips - TrialDirector Bates Numbering
    This article is the first in a series entitled “Trial Tech Tips.” Focused on the crossroads of law and technology, and in no particular order, we will share a collection of proven and tested methods for accomplishing a wide…
Rank this Week: 3528

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/
  • Dec 18

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case

    EPS Settlements and John Cantwell Dismissed With Prejudice In Florida case
    by John Darer CLU ChFC CSSC RSP CLTC A Florida Federal Court judge has granted the motion to dismiss the matter filed by Curtis Moore, et al., against EPS Settlements and John Cantwell, with... This is a content summary only. Please click on…
  • Dec 18

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard

    ELNY Law Suit | Model Periodic Payment of Judgments Act 1980 Standard
    Regardless of what happened later, 1980 is a clear benchmark where proponents could argue that A.M. Best "standard" was established because the Model Act (which is MODEL act) ties reliability and... This is a content summary only. Please…
  • Dec 18

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%

    JG Wentworth | After Pat Hindert "Takes Bloom Off Rose" Stock Rises 21.9%
    Four days after his first meaningful first public poke at JG Wentworth in 10 years of blogging, Patrick Hindert, JG Wentworth (JGWPT) stock has risen 21.9% at time of posting This is a content summary only. Please click on the title for the…
Rank this Week: 420

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/
  • Dec 18

    Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff

    Frustrated Court Crafts “New and Simpler Approach to Discovery,” Identifies Search Terms to be Utilized by Plaintiff
    Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2014 WL 6908867 (W.D.N.Y. Dec. 9, 2014) In this breach of contract case, the court granted in part Defendant’s motion to compel and, in light of Plaintiff’s piecemeal production…
  • Dec 9

    Software Licensing Restrictions No Shield Against Production

    Software Licensing Restrictions No Shield Against Production
    Pero v. Norfolk S. Ry., Co., No. 3:14-CV-16-PLR-CCS, 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014) In this case, the court declined to require the plaintiff to view the at-issue video at Defendant’s counsel’s office or to obtain a…
  • Nov 25

    Court Declines to Preclude “Eyes On” Review for Privilege

    Court Declines to Preclude “Eyes On” Review for Privilege
    Good v. Am. Water Works Co., Inc., No. 2:14-01374, 2014 WL 5486827 (S.D. W. Va. Oct. 29, 2014) In this case, the parties made an effort to “craft an agreement respecting the handling of attorney-client and work product information…
Rank this Week: 1897

The Conference Room--Answers to…

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

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

http://nclawyer.typepad.com/north_carolina_civil_litg/
  • Dec 18

    Executive Session

    Executive Session
    Frequently homeowner association and other nonprofit board of directors announce they are going into “executive session” and close the meeting to only the board. The North Carolina Planned Community Act provides that meetings of…
  • Nov 21

    Can't Give it Away.

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

    Aggravation

    Aggravation
    Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that...
Rank this Week: 341

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Dec 18

    The Frustrations of Continuing Continuance

    The Frustrations of Continuing Continuance
    At The Velvet Hammer, Karen Koehler paints a realistic picture of the difficulties involved in finally getting a case to trial: "Bump Bounce and Roll: Trying to start a trial" (a post that also explains why I can't watch The...
  • Dec 15

    An Easy Tip to Make Your Writing Look More Professional

    An Easy Tip to Make Your Writing Look More Professional
    Want to instantly make your writing look more professional? The secret can be found in Bryan Garner's A Dictionary of Modern American Usage in an entry titled "phrasal adjectives"-- When a phrase functions as an adjective--an increasingly…
  • Dec 9

    A Shockingly Great Christmas Gift for Lawyer

    A Shockingly Great Christmas Gift for Lawyer
    It's my book How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground). From the Amazon reviews-- I titled this "Hodgman for the Legal Set", because I think fans of one would enjoy the other ... It...
Rank this Week: 2046

Virginia Employment Law Blog

Virginia Employment Law Blog

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

http://www.virginiaemploymentlawblog.com/
  • Dec 18

    Former Congressional Staffer Sues Office of Former Boss for Hostile Work Environment and Gender Discrimination

    Former Congressional Staffer Sues Office of Former Boss for Hostile Work Environment and Gender Discrimination
    Lauren Greene, former New Media Director and later Communications Director for Blake Farenthold, a congressman from Texas and the owner of the domain name “www.blow-me.org” filed suit against her former boss in…
  • Dec 12

    Recent Article Roundup

    Recent Article Roundup
    The recent weeks have been busy ones in the world of employment law. In this post, we highlight some of the most interesting cases that have surfaced over the past weeks. We check in on how the Affordable Care Act has impacted small business…
  • Dec 6

    Open Arms Housing Listed in Greater Washington Catalogue for Philanthropy

    Open Arms Housing Listed in Greater Washington Catalogue for Philanthropy
    From Josh: I haven’t issued a formal announcement yet, but I have joined the board of a great organization, Open Arms Housing.  A more formal announcement will be forthcoming, but there’s a bit of news I wanted to share. We…
Rank this Week: 3093

The Velvet Hammer

The Velvet Hammer

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

http://www.karenkoehlerblog.com
  • Dec 18

    Bump Bounce and Roll: Trying to start a trial.

    Bump Bounce and Roll: Trying to start a trial.
    On The Good Wife or Drop Dead Diva, the attorneys get the cases in the morning.  Try them in the afternoon. In the real world the case is filed and then has to wait a year and a half for a trial date. If it survives for that long,…
  • Dec 13

    Livin’ the Glamorous Life – Another Hollyball Tale

    Livin’ the Glamorous Life – Another Hollyball Tale
    Wake up at 6:45.   Laze around.  Tonight is Hollyball.  Wonder what else is on schedule.  Open calendar.  “9:00 a.m. hold for Court of Appeals Argument.”  Whaaaaaaaaaaa Text John 7:27 - is…
  • Dec 9

    Playing the “pot” card against an innocent driver

    Playing the “pot” card against an innocent driver
    Driving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes. Let’s say you live in a state where pot is legal.  You get high on a Sunday evening with a group of friends in your own…
Rank this Week: 3915

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: 480

Lawsuit Finance Blog

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/
  • Dec 18

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding

    When You Feel Your Rights Slipping Out From Under You, Consider Lawsuit Funding
    Have you been injured in a slip and fall accident, retained an attorney, and struggling to make ends meet? Don’t get discouraged about your financial situation, contact a legal finance company to learn about litigation funding and how…
  • Dec 16

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding

    Why a Plaintiff in Personal Injury Litigation May Need Lawsuit Funding
    Plaintiffs in personal injury cases often times are unable to work due to injuries and face high medical bills, making lawsuit funding incredibly helpful. While negligence can be due to a defective product, medical malpractice, slip and fall…
  • Dec 12

    Financial Assistance to Help You Claim Your Right

    Financial Assistance to Help You Claim Your Right
    While negligence can be due to a defective product, medical malpractice, slip and fall accident, or dangerous products, the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention.…
Rank this Week: 1917

Litigation PostScript

Litigation PostScript

Provides information and practical tips on legal persuasion spanning pretrial and trial phases, for jury, bench and arbitration settings. By Persuasion Strategies.

http://www.litigationps.com/litigation_postscript_per/
  • Dec 18

    Convince Jurors That the Ends Don’t Always Justify the Mean

    Convince Jurors That the Ends Don’t Always Justify the Mean
    By Dr. Ken Broda-Bahm: If the release of the Senate Intelligence Committee's report on the CIA's detention and interrogation methods following the September 11th attacks wasn't depressing enough, the follow-up polling is sure to put an…
  • Dec 15

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony

    Don't Confuse Certainty with Accuracy when It Comes to Witness Testimony
    By Dr. Ken Broda-Bahm: Chants of "Hands Up, Don't Shoot" and "I Can't Breathe," continue to be heard at protests around the country. Motivated by the Ferguson, Missouri police shooting of Michael Brown, as well as the…
  • Dec 11

    Beware the Boomerang of Normalized Bia

    Beware the Boomerang of Normalized Bia
    By Dr. Ken Broda-Bahm: You join a research study, and after being randomly assigned to one of two groups, you hear a message focused on how common stereotypes are (the other group hears instead how rare stereotypes are). Then you, along with…
Rank this Week: 1176

The Everlaw Blog

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/
  • Dec 18

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated
    In the legal industry, the Engineer versus Druid dichotomy is an interesting one.  These names come from a familiar aphorism: ‘There are two kinds of fools: one who says this is old and therefore good, and the other who says this…
  • Dec 12

    Painlessly Switching Ediscovery Platform Mid-case. No, really!

    Painlessly Switching Ediscovery Platform Mid-case. No, really!
    One of the great things about my job is that I get to spend a lot of time with legal professionals in the field.  One of the frustrating things, however, is watching them needlessly suffer through the experience of using ediscovery…
  • Dec 4

    The Importance of Technology in the Legal Space

    The Importance of Technology in the Legal Space
    The required skillset of 21st century lawyers is different from earlier generations’. The legal field has undergone a dramatic technological transformation, and many legal functions have evolved accordingly. And yet, even with all the…
Rank this Week: 2874

The Everlaw Blog

The Everlaw Blog

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

http://blog.everlaw.com
  • Dec 18

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated

    Reports of Lawyers’ Demise Have Been Greatly Exaggerated
    In the legal industry, the Engineer versus Druid dichotomy is an interesting one.  These names come from a familiar aphorism: ‘There are two kinds of fools: one who says this is old and therefore good, and the other who says this…
  • Dec 12

    Painlessly Switching Ediscovery Platform Mid-case. No, really!

    Painlessly Switching Ediscovery Platform Mid-case. No, really!
    One of the great things about my job is that I get to spend a lot of time with legal professionals in the field.  One of the frustrating things, however, is watching them needlessly suffer through the experience of using ediscovery…
  • Dec 4

    The Importance of Technology in the Legal Space

    The Importance of Technology in the Legal Space
    The required skillset of 21st century lawyers is different from earlier generations’. The legal field has undergone a dramatic technological transformation, and many legal functions have evolved accordingly. And yet, even with all the…
Rank this Week: 2918

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 133

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Dec 17

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman

    U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman
    By Dylan Thriffiley Naquin v. Elevating Boats, L.L.C., — F.3d —, 2014 WL 917053, No. 12-31258 (5th Cir. Mar. 10, 2014) (Davis and Milazzo, J.; Jones, J. dissenting) In a decision that will undoubtedly have a lasting impact on…
  • Dec 17

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case

    Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
    By Amanda Howard In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and…
  • Dec 10

    Work Related Stress: It Comes With The Job for a Jones Act Seaman

    Work Related Stress: It Comes With The Job for a Jones Act Seaman
    By Daniel B. Stanton In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reveresed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from…
Rank this Week: 2001

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • Dec 17

    Book Review: The Education of a Lawyer

    Book Review: The Education of a Lawyer
    This week's Daily Record column is entitled "Book Review: The Education of a Lawyer." My past Daily Record articles can be accessed here. ***** Book Review: The Education of a Lawyer Gary Muldoon is an attorney I’ve known and respected…
  • Dec 10

    2014 Holiday Gift Guide for the Tech-Savvy Lawyer

    2014 Holiday Gift Guide for the Tech-Savvy Lawyer
    This week's Daily Record column is entitled "2014 Holiday Gift Guide for the Tech-Savvy Lawyer ." My past Daily Record articles can be accessed here. ***** 2014 Holiday Gift Guide for the Tech-Savvy Lawyer Believe it or not, it’s that…
  • Dec 4

    NYSBA on responding to a complaint on a website

    NYSBA on responding to a complaint on a website
    This week's Daily Record column is entitled "The Ethics of Communicating With Your Clients Online." My past Daily Record articles can be accessed here. ***** It used to be that when clients had a complaint about the legal services provided to…
Rank this Week: 3042