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SCOTUSblog

Covers the Supreme Court of the United States. By Akin Gump Strauss Hauer & Feld LLP.

http://www.scotusblog.com/wp/

Nov 20
Friday Round-up

At the WSJ Law Blog this morning, Ashby Jones previews McDonald v. City of Chicago, in which the Court will examine the constitutionality of a Chicago gun-control ordinance and, more generally, the Second Amendment's applicability to the states. The petitioners, in a brief filed this week, rely on the Fourteenth Amendment's Privileges or Immunities clause to argue that the right to bear arms is a "privilege" that the states cannot abridge; however, Jones notes that the petitioners' originalist... Posted on November 20, 2009 at 07:42 am by Anna Christensen
Nov 19
Will the Court Take On Judicial Takings?: , Argument Preview

Below, Elisabeth Oppenheimer of Stanford Law School previews Stop the Beach Renourishment v. Florida Department of Environmental Protection (08-1151), which will be heard by the Supreme Court on Wednesday, December 2. Check the Stop the Beach Renourishment SCOTUSwiki page for additional updates. On Wednesday, December 2, the Court will hear oral argument in No. 08-1151, Stop the Beach Renourishment v. Florida Department of Environmental Protection. The case presents the Court with an... Posted on November 19, 2009 at 12:27 pm by Anna Christensen
Nov 19
Academic Round-up

For those that use empirical data to study the Supreme Court, the new Supreme Court Database is now live at supremecourtdatabase.org. The biggest advantage to the new version of the Database is that it is now more user-friendly and accessible to those who study the Court, but may not have empirical background or training. I have not made use of the new online version of the Database yet, but I am told that it is quite remarkable. Right now, the Database has case and justice-centered data for... Posted on November 19, 2009 at 12:15 pm by David Stras

Rank This Week: 8

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. Published by Rob Robinson.

http://infogovernance.blogspot.com

Nov 16
The Organization of Legal Professionals | Toward a Generational Model of E-Discovery Classification

Graphics supporting the November 2009 Organization of Legal Professionals' Newsletter article Toward a Generational Model of E-Discovery Classification Graphic 1 Graphic 2 Posted on November 16, 2009 at 10:29 pm by Rob Robinson
Nov 12
Herb Roitblat on ED Searches | docNative Paradigm Blog

Provided as an extract from an excellent post by industry pundit Tom O'Connor on his docNative Paradigm Blog, the following comment by Search Expert Herb Roitblat, Ph.D., is incredibly instructive for electronic discovery vendors as they seek to help make the process of search and the use of search more effective. I think that the main thing that differs between tools is the ease with which you can accomplish your task. Practically any tool can be used to select documents for review. The review... Posted on November 12, 2009 at 03:06 am by Rob Robinson
Nov 5
“Right Sourcing” Electronic Discovery

What is the "Right Sourcing" of eDiscovery? As electronic discovery requirements continue to increase in light of the ever-expanding universe of digital data, many firms are questioning more than ever the way in which they conduct electronic discovery. In a market that has over 600 vendors and is growing at over 25% per year , there are many options available to those sourcing electronic discovery tasks. With this sourcing in mind, organizations are having to make important strategic decisions... Posted on November 5, 2009 at 02:41 am by Rob Robinson

Rank This Week: 21

Structured Settlements 4Real

Provides structured settlement information, provocative commentary, news and opinion about structured settlements and settlement planning. By John Darer.

http://structuredsettlements.typepad.com/structured_settlements_4r/

Nov 21
123 Lump Sum, 123 Lump Bums?

Responding to my post "Fast Cash Now Is a Bunch of BS" reader Elizabeth Baker writes: "My mother is also going through 123 lump sum and it was approved by the courts in February 2008 and they told her it would be for sure on the 20th 2009 of November.it has came and no money.she has been very patiant (sic) with them but the promise of the 20th she has gave a 30 day notice to move thinking the money would be there". "sorry i just sent you a email on my mom the date she went to court was not... Posted on November 21, 2009 at 09:47 am by structuredsettlements
Nov 21
The Structured Settlements Company Trademark Application...Latest

The audacious efforts of EPS Settlements Group to trademark the term "The Structured Settlements Company" have been chronicled in this forum over the past 9 months. As reported recently EPS failed to obtain an allowance from the United States Patent & Trademark Office (USPTO) on simply "The Structured Settlements Company" due to the generic nature of the claim. It was anticipated by this author that a large number of industry members would oppose the mark at the time it would have been... Posted on November 21, 2009 at 06:55 am by structuredsettlements
Nov 20
Response To LA Times Story Underscores the JG Wentworth Reputation

Today's LA Times carries the story of a rally protest rally against the University of California regents prepared to approve a 32% increase in student fees. One reader's comments demonstrate the "special" place in history cemented by the obnoxious J.G. Wentworth PR machine. "There's one simple answer for California's problems. RAISE TAXES. And stop this idiotic proposition process unless each one has a concurrent tax raise attached to pay. You want to put a guy in prison for life for stealing a... Posted on November 20, 2009 at 06:43 pm by structuredsettlements

Rank This Week: 27

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/

Nov 20
Seventh Circuit Pattern Trademark Jury Instructions

Click here for the Seventh Circuit's new proposed pattern trademark jury instructions.* The committee that prepared the instructions included Northern District of Illinois Judges Kendall and Kennelly, as well as a broad spectrum of attorneys from academic, government and private practice. The pattern instructions are impressive for their thoroughness. They are also very well cited, making them an excellent primer on Seventh Circuit trademark law. Of particular note, the instructions do not... Posted on November 20, 2009 at 02:33 am
Nov 18
Joint Authors Must Share Profits of Their Derivative Works

/**/ Donovan v. Quade, No. 05 C 3533, Slip Op. (N.D. Ill. Oct. 15, 2009) (Nolan, Mag. J.) Judge Nolan granted in part defendants/counterplaintiffs' motion for summary judgment in this copyright suit. Initially, the Court deemed admitted all of plaintiff's properly supported supplemental statements of material fact because defendants failed to factually support their denials of the facts pursuant to Local Rule 56.1(b)(3)(B). The plaintiff and individual defendant were co-authors of the... Posted on November 18, 2009 at 02:56 am
Nov 16
Court Stays Claims re One Patent, but Other Patent Claims Proceed

Se-Kure Controls, Inc. v. Senneco Sol'ns., Inc., No. 08 C 6075, Slip Op. (N.D. Ill. Oct. 23, 2009) (Holderman, C. J.) Chief Judge Holderman stayed the case as to plaintiff Se-Kure Controls' '590 patent while Se-Kure appealed Judge Guzman's invalidity decision regarding the '590 patent. The Court, however, did not stay the case as to Se-Kune's other two patents-in-suit - the '807 and '822 patents. The Court held that defendant Senneco would be prejudiced by a delay as to the '807 and '822... Posted on November 16, 2009 at 02:52 am

Rank This Week: 35

Blawgletter

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

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

Nov 22
Arbitrators, Not Court, Must Decide Who Pays AAA Fees, Fifth Circuit Holds; Blood from a Turnip?

The Arbitration Act of 1925 set up a regime aiming to settle disputes quickly and cheaply. The system depends on courts to make it work. Courts don't do quick and cheap. Sorry. The Fifth Circuit proved the point this week. The appeal turned on whether a district court erred by ordering a respondent in an arbitration (Old Colony) to pay $29,600 as a deposit to cover American Arbitration Association fees. The arbitrators had directed the claimant (Dealer Computer Services) to front the money for... Posted on November 22, 2009 at 10:03 am by Barry Barnett
Nov 19
Qui Tam Target May Sue Third Party for Causing Target to Make False Claim to Feds, Ninth Circuit Rules

One hundred and eighty years ago, on August 15,1829, as the New England summer faded and a school year dawned, U.S. Supreme Court Justice Joseph Story spoke to a muster of colleagues and students in Cambridge, Massachusetts. They came to honor the Justice's inauguration as Dane Professor of Law at Harvard University. He told them about the "Value and Importance of Legal Studies". He said: I will not say with Lord Hale, that "The Law will admit of no rival" . . . but I will say that it is a... Posted on November 19, 2009 at 04:24 pm by Barry Barnett
Nov 18
Boeing Goes Three for Three on Tanker Contract; Federal Circuit Restores Air Force Award

Boeing put the the first KC-135 Stratotanker into service 52 years ago. The U.S. Air Force bought the last one in 1965. The four-engine KC-135 Stratotanker jets across the firmament, refueling other aircraft in flight. It also, per Boeing -- which first delivered the hulking milk cow in June 1957 -- can with upgrades "serve as flying command posts, pure transport, electronic reconnaissance, and photo mapping craft." In 2005, the Air Force asked for proposals on a contract to provide upkeep of... Posted on November 18, 2009 at 08:08 am by Barry Barnett

Rank This Week: 51

the complex litigator

Covers complex litigation and class actions. By H. Scott Leviant.

http://www.thecomplexlitigator.com/

Nov 20
California Supreme Court activity for the week of November 16, 2009

The California Supreme Court held its (usually) weekly conference on November 18, 2009. The only notable event was: A Petition for Review was granted in Yabsley v. Cingular Wireless. The matter was held pending the outcome of Loeffler v. Target Corp., S173972. I briefly discussed Yabsley here. Posted on November 20, 2009 at 04:17 pm by The Complex Litigator
Nov 20
Breaking News: Plaintiff class wins second trial against alter ego defendants associated with Global Vision Products (Avacor hair regrowth formula)

In January 2008, class plaintiffs who purchased the hair regrowth formula Avacor prevailed at trial against Global Vision Products, Inc. The plaintiff alleged that Avacor was not an all natural or herbal formulation, but contained the drug Minoxidil (Rogaine). The initial verdict for the plaintiff class was approximately $37 million. However, Global Vision Products filed for bankruptcy protection. Today, after a second phase of trial, a jury returned a verdict against individual defendants... Posted on November 20, 2009 at 01:35 pm by The Complex Litigator
Nov 19
Barboza v. West Coast Digital GSM, Inc. holds that the obligations of class counsel to a certified class include enforcement of a judgment

After a short quiet spell, class actions return with a splash. In Barboza v. West Coast Digital GSM, Inc., the Court of Appeal (Second Appellate District, Division Four) had the opportunity to discuss the extent of class counsel's obligations to a certified class. The conundrum arose when class counsel learned that the defendant had ceased operations, sold its assets to a third party, and intended to file for bankruptcy: What are the obligations of class counsel when he learns that the... Posted on November 19, 2009 at 09:45 pm by The Complex Litigator

Rank This Week: 65

Court TVs Informer

Criminal, odd and celebrity law news from CourtTV.

http://blog.courttv.com/informer/

Feb 14
[read post]

Posted on February 14, 2008 at 05:40 pm by Jake
Dec 25
Sugar-Coated Squalor

While eating cold leftover stuffing for breakfast, I came across a site so wonderful, I wondered if I was still dreaming. Namely, GingerbreadGhetto.com -- which promises, and delivers, the dark side of gingerbread houses. With licorice bars, unforgiving Pez bricks in the yard, and inmates working the marshmallow dead weights, our favorite is the Gingerbread Prison: However the Gingerbread Serial Killer House is a close second. Thanks to Tom Nardone for making the site, and making my Boxing Day... Posted on December 25, 2007 at 12:40 pm by febhead
Dec 20
Apologies to Clement Clarke Moore

Last year, to celebrate a very special Christmas Day "Cops" marathon on Court TV, our own Ritch Duncan penned a wonderful parody of "The Night Before Christmas." We'll only broadcast two hours of "Cops" this December 25th (7-9pm E/P), but Ritch's poem is so hilarious that we wanted to post it once again.--Danny 'Twas the night before Christmas, when all through the house Not a creature was stirring, not even a mouse; The stockings were hung by the chimney with care, In hopes that St. Nicholas... Posted on December 20, 2007 at 05:40 pm by Daniel Green

Rank This Week: 75

Point Of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project.

http://www.pointoflaw.com/

Nov 22
Around the web, November 23

Tide turning against drug-pricing suits? Glaxo SmithKline beats back Kentucky case [Longstreth, AmLaw Daily] Court in Australia deems litigation funding pact improper as "unregistered managed investment scheme" [New Lawyer] Should docs be careful what they ask for? Michelle Mello... Posted on November 22, 2009 at 09:39 pm by Walter Olson
Nov 22
Latest Labaton pension fund controversy: Missouri

An "uproar" has broken out over the state employee pension fund's prospective hiring of lawyers to file securities suits. "At least six firms from around the country have been courting the board of the Missouri State Employees Retirement System, or... Posted on November 22, 2009 at 09:10 pm by Walter Olson
Nov 22
In Congress, promoting the return of notice pleadings

Rep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... Posted on November 22, 2009 at 07:47 am by Carter Wood

Rank This Week: 76

Class Action Defense Blog

Covers CAFA, class certification, employment law, FCRA, FDCPA and multidistrict litigation. Published by Michael Hassen of Jeffer Mangels Butler & Marmaro LLP.

http://classactiondefense.jmbm.com/

Nov 19
Class Action Defense Cases–Anthony v. AIG: Eleventh Circuit Certifies Questions To Georgia Supreme Court Following Dismissal Of Class Action Complaint Challenging Excessive Notary Fees Charged In Connection With Refinance

/**/ Propriety of Dismissal of Class Action Challenging Notary Fees Charged by Lender in Connection with Refinance of Home Loan that were in Excess of Maximum Allowed by Georgia State Law Turned on Issues not yet Clearly Resolved by Georgia Courts Eleventh Circuit Holds, thereby Warranting Certification of Questions to Georgia Supreme Court Plaintiff filed a putative class action against American General Financial Services, with whom they had refinanced their home loan, alleging violations of... Posted on November 19, 2009 at 04:22 am by Michael J. Hassen
Nov 17
Class Action Defense Cases–Schachter v. Citigroup: California Supreme Court Affirms Defense Judgment In Labor Law Class Action Holding Forfeiture Of Restricted Stock Shares Upon Termination Did Not Violate California Labor Code

/**/ Trial Court Properly Granted Summary Judgment in Favor of Employer in Class Action Alleging Failure to Pay Wages under Labor Code because Prospective, Bilateral Agreement between Employer and Employee to Pay a Portion of Compensation in Restricted Stock Shares that were Forfeited upon Resignation or Termination for Cause Prior to Expiration of Two-Year Vesting Period did not Violate Labor Code California Supreme Court Holds Plaintiff, a former stockbroker at Smith Barney (a subsidiary of... Posted on November 17, 2009 at 04:11 am by Michael J. Hassen
Nov 16
Class Action Defense Cases–Williams v. Geithner: Minnesota Federal Court Denies Preliminary Injunction In Class Action Based On Home Affordable Modification Program (HAMP) Holding It Unlikely Class Action Claims Will Prevail

/**/ Class Action Alleging Denial of Loan Modifications under HAMP (Home Affordable Modification Program) Violate Constitutional Right to Procedural Due Process Unlikely to Succeed on the Merits because Federal Regulations did not Create Property Right in Loan Modifications so Plaintiffs' Request for Preliminary Injunction Denied Minnesota Federal Court Holds Plaintiffs filed a putative class action against various defendants - including various banks and federal government agencies - seeking a... Posted on November 16, 2009 at 03:58 am by Michael J. Hassen

Rank This Week: 92

TortDeform

A civil justice defense blog. By the Drum Major Institute for Public Policy.

http://www.tortdeform.com/

Nov 20
Judge Rules That The Government Failed To Properly Maintain New Orleans Waterways

This case shows everything that is right about America; our citizens are able to hold the government accountable both at the ballot box, and in the court room. It must seem crazy to citizens of other countries that we can do so. It seems crazy to me to live any other way. "It is the court's opinion that the negligence of the corps, in this instance by failing to maintain the MR-GO properly, was not policy, but insouciance, myopia and shortsightedness," wrote Judge Stanwood R. Duval Jr. of... Posted on November 20, 2009 at 08:29 am
Nov 20
There Were Only 17 State Court Jury Trials In Hawaii Last Year

Not per week, per month, or per day. In the entire year. Seventeen. The "vanishing trial" is resulting in less courtroom experience for Hawaii's litigators as parties on both sides of legal disputes seek faster and cheaper ways to resolve their differences. Only 17 civil jury trials were completed in the state's circuit courts in the fiscal year ending June 30, 2008, according to the most recent data available from the Hawaii Judiciary. Source: Hawaii civil jury trials becoming a vanishing... Posted on November 20, 2009 at 08:24 am
Nov 20
Award Reduction Shows Our Justice System Works Just Fine As It Is

I don't know the underlying facts of this case well enough to opine as to whether $800,000 was in fact too much money. But the fact that a judge slashed the award from $800,000 to $265,000 shows that we don't need anymore tort reform: LAKELAND | A federal judge Thursday cut $535,000 from the $800,000 GEICO was ordered to pay a former employee from Lakeland whom the company fired in August 2004 for refusing orders to dismiss an older worker. U.S. District Court Judge James Moody ruled the... Posted on November 20, 2009 at 07:59 am

Rank This Week: 99

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By University of Richmond Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com

Nov 4
SCOTUS Wiki on Hertz Corp. v. Friend

Next week, SCOTUS is hearing oral arguments in Hertz Corporation v. Friend, a case that asks the Court to decide the meaning of "principal place of business" in 28 U.S.C. s. 1332, the diversity statute. The SCOTUS Wiki has a good summary of the case and links to related briefs here. Posted on November 4, 2009 at 04:41 pm by A. Benjamin Spencer
Nov 3
SCOTUS Blog Summarizes Shady Grove Oral Argument

SCOTUS Blog has this very helpful summary of the oral argument in the Erie/Hanna case, Shady Grove Orthopedic v. Allstate here. Posted on November 3, 2009 at 04:05 pm by A. Benjamin Spencer
Nov 2
Prof. Seinfeld Posts Article on Enumeration and Article III

Professor Gil Seinfeld (Michigan) has posted an Article entitled Article I, Article III, and the Limits of Enumeration on SSRN. Here is the Abstract: Article I, &#xc2&#xa7 8 and Article III, &#xc2&#xa7 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not... Posted on November 2, 2009 at 04:06 pm by A. Benjamin Spencer

Rank This Week: 103

Consumer Goods & Retail...

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Daniel Low.

http://cpglitigation.blogspot.com/

Oct 13
Arctic Glacier Pleads Guilty to Criminal Antitrust Conspiracy

Arctic Glacier and three of its executives have pleaded guilty to a criminal antitrust conspiracy in the market for packaged ice. The Department of Justice issued a press release on Tuesday announcing the plea agreement: Minneapolis Packaged-Ice Company Agrees to Plead Guilty to Customer Allocation Conspiracy Company Agrees to Pay $9 Million Criminal Fine WASHINGTON - A packaged-ice company, headquartered in St. Paul, Minn., has agreed to plead guilty and to pay a $9 million criminal fine for... Posted on October 13, 2009 at 06:23 pm by Daniel Low
Oct 4
Court Denies News America’s Summary Judgment Motion in Insignia System’s Lawsuit

On September 30, the U.S. District Court for the District of Minnesota largely denied News America's motion for summary judgment and granted Insignia Systems' motion for summary judgment on News America's counterclaims. Insignia had alleged that News America engaged in anticompetitive business practices in the market for in-store shelf advertising, while News America filed a number of counterclaims. News America had asked the Court to dismiss Insignia's claims on the grounds that the undisputed... Posted on October 4, 2009 at 04:30 pm by Daniel Low
Sep 20
DOJ Weighs in on Proposed Google Books Settlement

The Department of Justice Antitrust Division filed a statement of interest Friday, available here, opposing the Google Books settlement. DOJ's filing addresses concerns that the settlement: (1) fails to satisfy Federal Rule of Civil Procedure 23 (which governs class action lawsuits); (2) violates copyright law; and (3) violates antitrust law. DOJ's statement is a bit unusual in that it raises both antitrust and non-antitrust concerns; typically the DOJ's Antitrust Division confines public... Posted on September 20, 2009 at 02:32 am by Daniel Low

Rank This Week: 104

California Punitive Damages

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

http://calpunitives.blogspot.com/

Nov 22
Nelson v. Exxon Mobil: Punitive Damages Claims Can Be Assigned

This published opinion could be headed for the California Supreme Court. The opinion addresses whether the right to recover punitive damages is assignable under California law. The Court of Appeal (Third Appellate District) held that the right to recover punitive damages is assignable if that right arises from a cause of action that is assignable. The court observed that causes of action arising from an injury of a personal nature (e.g., slander, assault, malicious prosecution) are not... Posted on November 22, 2009 at 09:55 am
Nov 20
Florida Jury Awards $244 Million in Punitive Damages to Smoker

As reported by Reuters, a Florida jury has awarded $56.6 million in compensatory damages and $244 million in punitive damages to a smoker with emphysema. This is by far the largest verdict in the 8,000 or so individual trials that are proceeding in Florida as a result of the Florida Supreme Court's 2006 Engle decision, which tossed out a $145 billion class action punitive damages award. Related posts: Florida Jury Awards $25 Million in Punitive Damages to Smoker's Widow "Smokers, tobacco, both... Posted on November 20, 2009 at 10:41 am
Nov 19
Buell-Wilson Cert. Petition Featured on SCOTUSblog's "Petitions to Watch"

SCOTUSblog has identified the cert. petition in Buell-Wilson as one of the "petitions to watch" for the Supreme Court's upcoming conference on November 24. The SCOTUSblog post includes links to the opinion and the petition-stage briefing. Opinion below (California Court of Appeal) Petition for certiorari Brief in opposition Petitioner's reply Amicus brief of the Alliance of Automobile Manufacturers Amicus brief of Product Liability Advisory Council, Inc. Amicus brief of the U.S. Chamber of... Posted on November 19, 2009 at 07:18 pm

Rank This Week: 112

No-Fault Paradise

Covers New York no fault law. By David M. Gottlieb.

http://nofaultparadise.blogspot.com/index.html

Nov 7
WE'VE MOVED

I won't be posting here anymore unless the new site crashes. So update your bookmarks and RSS and Email feed type stuff. The new site is www.nofaultparadise.org. You can add it to your RSS feed by clicking HERE. If you want to get the post via emails instead, click HERE. If you want to learn more about Ninjas, click HERE. If your name is Dan R., congrats!, and click HERE. Posted on November 7, 2009 at 04:37 am by David M. Gottlieb, Esq.
Oct 31
NEW POST

Putting collateral estoppel to use, but without success Posted on October 31, 2009 at 04:31 pm by David M. Gottlieb, Esq.
Oct 30
NEW POST

A BAD DENIAL Posted on October 30, 2009 at 07:31 am by David M. Gottlieb, Esq.

Rank This Week: 125

The Oregon Business Litigation blog is a resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Oregon businesses. From the litigation group in the Portland office of Ater

http://www.aterwynneblog.com/oregon_business_litigatio/

Nov 20
Washington State’s new reseller permit system begins January 1, 2010

Currently Washington businesses that purchase items for resale may self-issue resale certificates to avoid paying sales tax. Beginning January 1, 2010 reseller permits issued by the Washington State Department of Revenue ("DOR") will be required in order to purchase items at wholesale and avoid sales tax. The new system was put in place to reduce non compliance with sales tax regulations. If you make wholesale purchases in Washington, you can apply for a reseller permit by going to... Posted on November 20, 2009 at 02:52 pm by Brenda Molner
Nov 17
First tribally-owned Wall St. investment firm

After years of economic development focused on resource extraction and gaming, the Lower Brule Sioux Tribe, a federally-recognized tribe located in South Dakota, recently purchased the Westrock Group, making the company the first fully Tribally-owned investment firm. This purchase signals not only a major shift in Tribal economic development focus, it also provides the Westrock Group with a huge advantage over other investment firms. Because it is a Tribally-owned business, the firm will not be... Posted on November 17, 2009 at 09:55 am by Rob Roy Smith
Nov 13
Ater Wynne employment law seminar: The top ten of 2009

Join Ater Wynne's Labor and Employment Group for a seminar on the year's top 10 developments in employment law The seminar will be held at Bridgeport Brewing Company on Thursday, December 10, 2009, 8 to 11 am. More details are available here, and at the Ater Wynne LLP web site. Posted on November 13, 2009 at 01:53 pm by Lori Bauman

Rank This Week: 135

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/

Nov 22
"Lethal injection creator fine with 1 drug in Ohio"

"Lethal injection creator fine with 1 drug in Ohio": The Associated Press has a report that begins, "The man considered the father of lethal injection in the United States said it doesn't matter whether three fatal drugs are used or one -- as his home state of Ohio has proposed -- as long as the drug works efficiently." Posted on November 22, 2009 at 05:35 pm
Nov 22
"Prosecutors Drop Plans to Appeal Lori Drew Case"

"Prosecutors Drop Plans to Appeal Lori Drew Case": Kim Zetter has this post at Wired.com's "Threat Level" blog. Posted on November 22, 2009 at 05:27 pm
Nov 22
"Experts: Success unlikely in Kevin Cooper's bid to Supreme Court."

"Experts: Success unlikely in Kevin Cooper's bid to Supreme Court." Yesterday's edition of The Inland Valley Daily Bulletin contained this article, along with an article headlined "Defense organizations lobby Supreme Court in support of Cooper." Posted on November 22, 2009 at 12:04 pm

Rank This Week: 154

MDL Weekly

Covers federal multidistrict litigation. By Matthew E. Munson.

http://www.mdlweekly.com/

May 13
May Hearing Session Order Released

I plan to write summaries of the new motions over the weekend and hopefully I can get back to updating the information regularly. MDL No. 1941 -- IN RE: ALFUZOSIN HYDROCHLORIDE PATENT LITIGATION MDL No. 1942 -- IN RE: FLAT GLASS ANTITRUST LITIGATION (NO. II) MDL No. 1943 -- IN RE: LEVAQUIN PRODUCTS LIABILITY LITIGATION MDL No. 1945 -- IN RE: STATE STREET BANK AND TRUST CO. FIXED INCOME FUNDS INVESTMENT LITIGATION MDL No. 1946 -- IN RE: BP PRODUCTS NORTH AMERICA, INC., ANTITRUST LITIGATION (NO.... Posted on May 13, 2008 at 01:14 pm by Matthew E. Munson
May 13
Panel Denies BMW Reverse Transmission MDL

MDL 1922 - In re: BMW Reverse Transmission Products Liability Litigation: Motion of plaintiffs for centralization in the District of New Jersey. The plaintiffs in these cases allege that the ZF 5HP19 transmissions in certain BMW models were defective and failed under normal driving conditions due to an inferior clutch pack and snap ring. As a result of the failure of these parts, some BMWs will not operate in reverse gear. It is further alleged that BMW of North America was aware of the defect,... Posted on May 13, 2008 at 01:11 pm by Matthew E. Munson
Apr 20
Seven New MDLs Created

MDL 1935 - In re: Chocolate Confectionary Antitrust Litigation: Motion of multiple plaintiffs for centralization in the Middle District of Pennsylvania, Eastern District of Pennsylvania, or District of New Jersey. The plaintiffs in these cases purchased chocolate directly from certain manufacturers between February 2002 and the present and allege violations of Sec. 1 of the Sherman Act, dealing with restraints of trade. The defendants include Hershey's, Nestle, Mars, and Cadbury Schweppes.... Posted on April 20, 2008 at 03:38 pm by Matthew E. Munson

Rank This Week: 162

Jami Floyd: Best Defense

Criminal law trials and news coverage from CourtTV's Jami Floyd.

http://blog.courttv.com/jami_floyd/

Jan 2
Goodbye and Thank You

One year after it began, the Best Defense Blog is no more. Today, I officially end my blogging career and close down this blog so that I can focus on our new In Session programming and blog. It has been a distinct privilege to have this forum to share my thoughts, observations, musings and analysis of the top legal stories on Court TV and elsewhere. I thank you for your readership, loyalty and insightful comments posted here. A special thank you also to my contributors CRU, Andy Cohen, Kurt... Posted on January 2, 2008 at 09:19 am by Jami Floyd
Jan 1
Omar Back

Tell the world baby, Omar Back. Omar Little (as played by Michael Kenneth Williams) utters this line as poetry in Season Two of HBO's The Wire. Omar is perhaps my favorite character on what has to be my favorite television show. Ever. That is no small sentiment in a show replete with rich soulful characters all of whom live on the precipice of good and evil. Tonight starts the fifth and final season of HBOs best show ever, indeed television's -- a show that is gripping, honest, pwerful and,... Posted on January 1, 2008 at 10:15 am by Jami Floyd
Dec 22
New Trial for Marty Tankleff

After 17 years in prison, Marty Tankleff has won a new trial. Yesterday, an appellate court vacated his sentence, imposed in 1990 after Tankleff was convicted of the brutal murder of his parents. Shortly after his parents were found butchered in their Long Island home, Marty was subjected to hours of isolation and manipulative interrogation. Ultimately Marty, just 17 years old at the time, made admissions used against him at trial, even though he had immediatley recanted. Word of the new trial... Posted on December 22, 2007 at 03:15 pm by Jami Floyd

Rank This Week: 163

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/

Nov 13
Court of Chancery Holds Arbitrator Decides Limitations Defense

Lefkowitz v. HWF Holdings LLC, C.A. 4381-VCP (November 11, 2009) The Delaware Arbitration Act has a unique provision that permits the Court of Chancery to enjoin an arbitration when the claim asserted is barred by a statute of limitations. However, to get into Court, the arbitration agreement must be governed by Delaware's Arbitration Act. If it is not, then this unique remedy is not available, and it is up to the arbitrator to decide if the claim is barred on limitations grounds. This decision... Posted on November 13, 2009 at 06:39 am
Nov 12
Court of Chancery Expands Dissolution Remedy

Lola Cars International Limited v. Krohn Racing LLC, C.A. 4479-VCN (November, 12, 2009) The Delaware Limited Liability Company Act permits the Court of Chancery to dissolve an LLC when it is not "reasonably practicable to carry on the business" of the LLC. The initial decisions under this statute tended to adopt a narrow construction of its terms and dissolution was not ordered just because of a business dispute between the members of the LLC. More recent decisions have expanded the... Posted on November 12, 2009 at 06:46 am
Nov 9
Court of Chancery Explains Duty of Good Faith and Fair Dealing

Amirsaleh v. Board of Trade of The City of New York, Inc., C.A.2822-CC (November 9, 2009) The law of good faith and fair dealing in contracts is a "judicial tool used to imply terms in a contract that protect the reasonable expectations of the parties." This decision clearly explains Delaware law in this area, including the point that not acting in good faith involves bad faith and that is proved by showing an improper motive. Posted on November 9, 2009 at 11:21 am

Rank This Week: 171

Electronic Discovery Law

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

http://www.ediscoverylaw.com/

Nov 18
Upcoming Events - December

Pennsylvania Bar Institute - E-Discovery December 3, 2009 PBI Professional Development Conference Center Heinz 57 Center 339 Sixth Ave., 7th Floor Pittsburgh, PA K&L Gates partner David Cohen will present "The Year in Review," a closer look at some of the most important and interesting opinions of 2009. Cases to be discussed cover a myriad of topics including preservation of ESI, the discoverability of metadata, format of production, and much much more. To learn more and to register, click... Posted on November 18, 2009 at 03:37 pm
Nov 16
Federal Judicial Center Releases Preliminary Results of "Case-Based Civil Rules Survey"

The Federal Judicial Center has released the preliminary results of its Case-Based Civil Rules Survey. The survey, as described in the Executive Summary "presents preliminary findings form a survey of attorneys in recently closed civil cases&#xe2€&#xa6The report covers discovery activities and case management in the closed cases; electronic discovery activity in the closed cases; attorney evaluations of discovery in the closed cases; the costs of litigation and discovery; and attorney attitudes towards... Posted on November 16, 2009 at 09:06 am
Nov 12
Court Compels Discovery from Foreign Corporation Pursuant to Federal Rules of Civil Procedure

In re Global Power Equip. Group, Inc., 2009 WL 3464212 (Bankr. D. Del. Oct. 28, 2009) Upon a motion to compel production of documents from claimant, a foreign corporation, the court found the documents at issue to be within the control of the claimant and, applying the "comity analysis" as articulated by the United States Supreme Court, determined that the contested matter "should and shall be conducted under the Federal Rules and not under the Hague Evidence Convention." Accordingly, the... Posted on November 12, 2009 at 09:12 am

Rank This Week: 188

Alabama Appellate Watch

Covers Alabama civil appellate issuesa and developments. By Lightfoot Franklin & White LLC.

http://www.alabamaappellatewatch.com/

Nov 20
Cases Released November 20, 2009

From the Alabama Court of Civil Appeals: State of Alabama v. Nguyen et al. J.F.S. III v. Mobile County Department of Human Resources C & D Logging v. Mobley Hutchenson v. Daniel Powe v. Powe Scott v. Scott Complete List of Cases from the Alabama Court of Civil Appeals From the Alabama Supreme Court: Barrett v. Radjabi-Mougadam Macon County Greyhound Park, Inc., d/b/a Victoryland v. Knowles Swanstrom, et al. v. Teledyne Continental Motors, Inc., et al. Ex parte State of Alabama; Petition for... Posted on November 20, 2009 at 02:00 pm
Nov 17
Premature Notice of Appeal Held in Abeyance Until Ripe; Date of Order Is Date It Is Entered on SJIS

Two common procedural issues - what happens when a notice of appeal is filed prematurely and what is the effective date of an order - were addressed in Landry v. Landry, [Ms. 2080171, 2080372] (Ala. Civ. App. Nov. 6, 2009). In Landry, the trial court disposed of an action involving a petition to modify child support on Sept. 23, 2008. The father filed a motion for relief from judgment on Sept. 29, arguing that the trial court improperly closed the action after it got confused with a related... Posted on November 17, 2009 at 07:42 am
Nov 17
Rule 60(b) Used to Review a Costs Award

In Fenison v. Birmingham Spring Service, Inc., [Ms. 2080023, 2080036] (Ala. Civ. App. Nov. 6, 2009), the Court of Civil Appeals held that a costs award could be challenged in the trial court by way of a Rule 60(b) motion, but ultimately held that the trial court exceeded its discretion by granting relief. The trial court granted summary judgment for the defendants in a case involving the alleged failure to abide by a consent agreement in a workers' compensation case. Even though Ala. R. Civ. P.... Posted on November 17, 2009 at 07:11 am

Rank This Week: 198

Class Action Blog

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

Nov 20
Classified News: November 20, 2009

Marsh & McLennan, one of the world's largest insurance brokers, has agreed to pay $435 million to settle class action shareholder lawsuits. The plaintiffs have alleged bid-rigging and price-fixing by the company's insurance brokerage unit. Marsh & McLennan has not admitted wrongdoing. Three shareholders have filed lawsuits against Burlington Northern Sante Fe Corporation after the company announced that it had agreed to be acquired by billionaire investor Warren Buffet. The plaintiffs,... Posted on November 20, 2009 at 09:56 am
Nov 13
Classified News: November 13, 2009

Plaintiffs are attempting to sue Pfizer, Inc. in a class action case in which Pfizer allegedly concealed evidence that the epilepsy drug Neurotonin did not work for unapproved uses including nerve pain, migraines, and bipolar disorder. Judges overseeing at least 23 auction rate class action cases have dismissed the cases in recent weeks. Auction rate securities were once peddled as safe by Wall Street. Brokerage firms are refusing to allow their customers to redeem their securities. Filing an... Posted on November 13, 2009 at 10:12 am
Nov 5
Classified News: November 5, 2009

Wal-Mart has agreed to pay up to $85 million to settle a class action lawsuit covering 39 class actions in several states. The workers alleged that Wal-Mart prohibited them from taking breaks, failed to pay overtime, or altered their time cards. In Orange County, California, the toll road agencies have agreed to waive $41 million in commuter penalties and pay $1.4 million in restitution to settle a class action lawsuit brought on behalf of people who claimed they were charged excessive... Posted on November 5, 2009 at 10:01 am

Rank This Week: 207

In Re Discovery

Covers electronic discovery and litigation information related to ediscovery. From Socha Consulting LLC

http://sochaconsulting.com/inrediscovery

Apr 21
Kazeon webinar: Successful Deployment of In-house eDiscovery: How to save money AND ensure complete, accurate, defensible eDiscovery

[ April 23, 2009; 12:00 pm to 1:00 pm. ] Link to webinar information and registration:Litigations and internal investigations are on the rise. And all corporations are under a budget crunch. How does one successfully implement eDiscovery while keeping costs in check and yet not compromise on the accuracy, completeness and defensibility of their eDiscovery process? Why is the trend to bring eDiscovery in-house rising? [...] Posted on April 21, 2009 at 07:10 am by George Socha
Feb 11
EDRM Participation Fee Update

February 11, 2009 - In response to the current economic challenges and the accompanying reduction in electronic discovery personnel at service and software providers, law firms and corporations, for select individuals we are temporarily waiving the individual EDRM participation fee. This waiver applies to individuals who have lost, or are about to lose, positions in the [...] Posted on February 11, 2009 at 07:38 am by George Socha
Feb 10
Socha-Gelbmann Update: LegalTech New York, EDRM & e-Discovery Trends

[ February 10, 2009; 12:00 pm to 1:00 pm. ] Link to webinar registration: Listen to the live webinar or anytime afterwards via Fios' on-demand program.Tuesday February 10, 2009 01:00 PM ET (60 minutes)Hear from leading analysts George Socha and Tom Gelbmann on the activities that took place at LegalTech New York, developments in the Electronic Discovery Reference Model (EDRM) projects and overall e-discovery trends [...] Posted on February 10, 2009 at 04:20 am by George Socha

Rank This Week: 216

The Appellate Practitioner

Covers appellate practice in California and the Ninth Circuit. By Kimberly A. Kralowec.

http://www.appellatepractitioner.com/

Mar 23
Please visit The UCL Practitioner

Over the past couple of months, I haven't had time to keep The Appellate Practitioner updated in the way I'd like to. Therefore, I am putting the blog on hiatus for the time being. Please visit my primary blog, The UCL Practitioner, which I keep very active with regular updates. I will continue to write occasional posts on issues of interest to appellate practitioners. They will be collected at my "appellate practice" category page. Those posts will, I hope, continue to be relatively frequent.... Posted on March 23, 2009 at 06:00 am by Kimberly A. Kralowec
Jan 5
"A High Court Training Regimen"

Friday's Recorder had an article on a new moot program being organized at U.C. Berkeley for attorneys with California Supreme Court cases. It sounds very similar to what Professor Myron Moskovitz has been doing at Golden Gate University School of Law for many years. The article says that the Berkeley program may eventually evolve into a California Supreme Court clinic similar to the many U.S. Supreme Court clinics run by various law schools such as Stanford and Georgetown. I think that's a... Posted on January 5, 2009 at 06:00 am by Kimberly A. Kralowec
Dec 8
"The Early Brief Gets the Worm"

Slate has an interesting jurisprudence essay on the impact of amicus filings at the U.S. Supreme Court level. Adam Chandler, "The Early Brief Gets the Worm: Liberal groups are ceding a key way to influence the Supreme Court," Slate (Dec. 5, 2008). [Via How Appealing] Posted on December 8, 2008 at 02:00 pm by Kimberly A. Kralowec

Rank This Week: 217

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/

Dec 10
Giving it up.

I am going to be discontinuing my participation in this blog in the next week or so. If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. Posted on December 10, 2008 at 09:15 pm by S. COTUS
Dec 9
CA1: large law firm loses case on behalf of client

US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented by a large firm. The government wins. I wonder what mistakes the large firm made in representing their clients. I have been told that large firms are very detail-oriented and win all the time. But, because these are rich defendants, the First pours a lot... Posted on December 9, 2008 at 02:29 am by S. COTUS
Dec 9
CA1: It’s official. Everything is mail fraud.

US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, "mail fraud"). The first says that pretty much any sort of mailing in connection with collecting on an insurance policy where the defendant is up to know good is mail fraud. (Even if it is just "proof of loss."). Even letters that expressly said it wasn't "conceding" liability are in furtherance of a... Posted on December 9, 2008 at 02:17 am by S. COTUS

Rank This Week: 220

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/

Oct 23
If It Walks Like a Defendant, Quacks Like a Defendant, Looks Like a Defendant, It Must Be a Defendant. WRONG!

Wells Fargo Bank v. Gilleland, 621 F.Supp.2d 545 (N.D.Ohio 2009) A defendant is only a defendant if it was named as a defendant in the original complaint, according to the Ohio district court in Gilleland. There, mortgagee Wells Fargo filed a foreclosure action in state court against the Gillelands. They in turn filed counterclaims based on servicing and collection practices against Wells Fargo and other defendants, including Lerner, Sampson & Rothfuss ("LSR"), on behalf of a putative class... Posted on October 23, 2009 at 05:30 am
Oct 22
Where's Jimmy Carter When You Need Him?

Anderson v. Hackett, 09-227 (S.D. Ill. July 30, 2009) Unlike Love Canal, the plaintiffs in Anderson don't have a President Carter to evacuate their toxic village . . . but at least they can rely on the "local controversy" exception to CAFA In Anderson, the plaintiffs filed a putative class action in Illinois state court alleging that the defendants had released toxic substances from various sites in St. Clair County, Illinois which leached into the environment in and around the Village of... Posted on October 22, 2009 at 05:30 am
Oct 21
ABCs of CAFA and Weight Loss

Forlenza v. Dynakor Pharmacal, LLC, CV09-03730 MMM (C.D. Cal. June 18, 2009). If you are looking for a primer on CAFA jurisdiction, this is it. The Central District of California has done a great job of outlining CAFA jurisdiction and even the exceptions to CAFA jurisdiction just for you. On May 26, 2009, the plaintiffs, Nicole Orlinz and Shaiden Monroe, commenced a putative class action against Dynakore Pharmacal, LLC, a Utah limited liability company, and other defendants. The plaintiffs... Posted on October 21, 2009 at 05:30 am

Rank This Week: 226

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/

Nov 20
NASP 2009 Annual Meeting - 3

This blog post continues S2KM's summary and analysis of the NASP 2009 Annual Meeting. Prior S2KM blog posts about NASP are accessible on S2KM's structured settlement wiki. NASP's 2009 strategic educational analysis occurred primarily during a two-hour panel discussion titled "Re-thinking Structured Settlements". S2KM assisted NASP in organizing this panel discussion. Jeremy Babener's NASP presentation titled "Factoring and the Structured Settlement Tax Subsidy" preceded and contributed to... Posted on November 20, 2009 at 09:06 am by Patrick Hindert
Nov 16
NASP 2009 Annual Meeting - 2

The purpose of this S2KM blog post is to summarize educational discussions which occurred at the NASP 2009 Annual Meeting. In a prior post (NASP 2009 Annual Meeting-1), S2KM listed the discussion topics, moderators, speakers and panelists and also identified Van Tran as the winner of the NASP 2009 Alexander Hamilton award. In subsequent blog posts, S2KM will provide analysis and feature interviews with selected NASP educational program participants. 2009 Legislative Developments - Matthew Bracy... Posted on November 16, 2009 at 04:39 pm by Patrick Hindert
Nov 15
NASP 2009 Annual Meeting - 1

The National Association of Settlement Purchasers (NASP) hosted its 2009 Annual Meeting at the Mandalay Bay Hotel in Las Vegas November 12-13 almost one month following NSSTA and SSP 2009 Fall meetings at the same location. In comparison with traditional NSSTA and SSP meetings, the NASP 2009 educational program featured: More insightful and comprehensive strategic discussions; Broader perspectives from industry experts; Better analysis of legal and financial developments; Better analysis of... Posted on November 15, 2009 at 07:14 am by Patrick Hindert

Rank This Week: 236

Juries

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

http://juries.blogspot.com/

Dec 18
Juries Has a New Web Address (www.juries.typepad.com)

As of yesterday, Juries has moved to: www.juries.typepad.com or just click the link to Juries Posted on December 18, 2008 at 03:08 pm by Thaddeus Hoffmeister
Dec 16
Community Service or Jury Duty

This is the issue being appealed by the Missouri Public Defender's Office in State v. Ryan Ferguson. Apparently, the trial court in Ferguson, pursuant to local court rules, allowed 13 of the possible 848 potential jurors in the case to opt out of jury service by paying $50 and performing community service. The local public defender is challenging this policy arguing that it violates the defendant's 6th Amendment right to a jury made up of a cross-section of the public. Arguably, this policy... Posted on December 16, 2008 at 08:05 pm by Thaddeus Hoffmeister
Dec 15
Jury Related Stories from the Brian Nichols Murder Trial

Fulton County District Attorney Paul Howard wants the law changed to allow 10-2 verdicts in death penalty cases. Legislature Urged to Revamp Death Penalty LawDistrict Attorney Paul Howard called for the state Legislature Saturday to change Georgia's death-penalty law requiring a unanimous jury decision for a defendant to be sent to Death Row. By a 9-3 hung jury decision on Friday, Howard lost a lengthy and costly effort to have Brian Nichols sentenced to death for the March 11, 2005 Fulton... Posted on December 15, 2008 at 06:32 am by Thaddeus Hoffmeister

Rank This Week: 262

Trial Ad Notes

Offers news items and resources relating to trial advocacy, with a focus on Washington State. By Mary Whisner.

http://trialadnotes.blogspot.com

Nov 3
Defendants Gone Missing

/**/ Two current stories about defendants on the loose: The Blotter | Seattle man skips bail, costs family $100,000 | Seattle Times Newspaper, Oct. 30, 2009. The man is accused of shooting well-known Black Diamond sound engineer Tom Pfaeffle. Seattle 911 | Men skip out on trial; jury says guilty, not goodbye | Seattle P-I, Oct. 30. Two men fled during their trial for conspiracy to distribute ecstasy. The jury convicted them and now they also face penalties for fleeing during trial. Posted on November 3, 2009 at 04:32 am by Mary Whisner
Oct 25
Transcripts Aren't Enough

Surprisingly, in most U.S. jurisdictions, court proceedings, which can dramatically affect people&#xe2€&#x9fs lives or property, are rarely recorded accurately or in their entirety because only a small percentage of courts regularly create a video record of court proceedings. Of those courts that do, most do not preserve the video record but simply turn it into a transcript. Keith A. Gorgos, Comment, Lost in Transcription: Why the Video Record Is Actually Verbatim, 57 Buff. L. Rev. 1057, 1058... Posted on October 25, 2009 at 08:25 am by Mary Whisner
Oct 21
Pro Bono Practice CLE: Hope & Help In Hard Times

As part of the ABA's National Pro Bono Celebration next week, the University of Washington School of Law and Seattle University School of Law are sponsoring a full-day CLE at Seattle U: Pro Bono Practice Workshops and CLE: Hope & Help In Hard Times on Friday, Oct. 30. Registration is just $25 for new lawyers, young lawyers, and recent graduates, $125 for others. A reception at the end of the day will honor William H. Gates, Sr., who was awarded the American Bar Association Medal in August.... Posted on October 21, 2009 at 07:30 am by Mary Whisner

Rank This Week: 267

Angel Reyes Blog

Covers lawsuits, verdicts, culture and politics.

http://www.angelreyesblog.com/

Nov 20
My Interview About Child Safety In Cars On Good Morning Texas

Please check out my latest interview on Good Morning Texas about the importance of keeping your child safe while traveling on the road. Included are state regulations and crucial tips to ensuring you protect your children as much as possible. This is a very critical and timely topic during the holiday season when road travel is at its peak. Posted on November 20, 2009 at 06:32 am
Nov 16
Super Blogging Not For Sissies

There's amateur blogging, there's pro blogging and then there's "super blogging." Here at AngelReyesBlog.com, when a news article comes out about a dangerous product, 18-wheeler accident or even an award I've won, I blog about it. But for the Super Bloggers, blogging takes on a whole new meaning. Honestly, I don't know how they do it! These people are obviously very committed to their task, and you've got to admire them for that. It takes a lot of courage, time, effort and intellect to be a... Posted on November 16, 2009 at 02:10 pm
Nov 9
Injured By Imports, Chapter 2

Just over a week ago I blogged about a dangerous imported product for children - a baby bassinet that allegedly killed two infants. Now the nightmare continues with a stroller that amputates fingertips. And where do you suppose it was manufactured? You guessed it - China. The Maclaren stroller, sold by Target and Babies "R" Us was recalled today after not one, not two, but a whopping 15 reports of children placing their fingers in the hinge, resulting in 12 reports of children's fingertips... Posted on November 9, 2009 at 02:19 pm

Rank This Week: 283

Civil Procedure Prof Blog

By Professors W. Jeremy Counseller and Rory Ryan.

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

Nov 21
O'Hara & Ribstein on Conflict of Laws and Choice of Law

Professor Erin A. O'Hara (Vanderbilt University School of Law; Gruter Institute for Law and Behavioral Research) and Professor Larry E. Ribstein (University of Illinois College of Law) have posted "Conflict of Law and Choice of Law" on SSRN as part... Posted on November 21, 2009 at 04:00 am by CivPro Blogger
Nov 20
Seinfeld on Article III and the Limits of Enumeration

Professor Gil Seinfeld (Michigan) has posted on SSRN his article, Article I, Article III, and the Limits of Enumeration, which will be published in the Michigan Law Review. Here's the abstract: Article I, &#xc2&#xa7 8 and Article III, &#xc2&#xa7 2... Posted on November 20, 2009 at 06:38 pm by CivPro Blogger
Nov 19
Michelman on standing to sue over government surveillance

Scott Michelman (American Civil Liberties Union) has posted Who Can Sue Over Government Surveillanc to SSRN. Abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive... Posted on November 19, 2009 at 07:10 am by CivPro Blogger

Rank This Week: 290

EvidenceProf Blog

By Professor Colin Miller.

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

Nov 22
Summary Judgement: First Circuit Finds Summary Evidence Summarizing Testimony Admissible Under Rule 1006 In Tax Appeal

Federal Rule of Evidence 1006 provides that The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be... Posted on November 22, 2009 at 10:59 am by Evidence ProfBlogger
Nov 21
Double Impact: Article Reveals That Indiana Precludes Victim Impact Statements In Cases Where The Death Penalty Or Life Without Parole Could Be Imposed

I have written several posts on this blog about the ever controversial topic of victim impact statements (previous posts can be found here, here, here, here, here, here, and here). Those posts have dealt with topics such as the type... Posted on November 21, 2009 at 05:58 am by Evidence ProfBlogger
Nov 20
Judge Advocate?: Court Of Appeals Of Ohio Finds Judge Didn't Abuse Discretion By Asking 89 Questions To Witness In Domestic Violence Trial

Federal Rule of Evidence 614(b) provides that "[t]he court may interrogate witnesses, whether called by itself or by a party." Similarly, Ohio Rule of Evidence 614(B) provides that "[t]he court may interrogate witnesses, in an impartial manner, whether called by... Posted on November 20, 2009 at 07:39 am by Evidence ProfBlogger

Rank This Week: 294

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com/

Nov 5
En banc ninth tries to clear up the “abuse of discretion” standard

The "abuse of discretion" standard of review, depending on the particular court applying it and the particular case in which it is applied, can sometimes seem about as clear as mud. The en banc Ninth Circuit set out to clear up the standard in United States v. Hinkson, case no. 05-30303 (9th Cir. Nov. 5, 2009): Today we consider the familiar "abuse of discretion" standard and how it limits our power as an appellate court to substitute our view of the facts, and the application of those facts to... Posted on November 5, 2009 at 10:13 pm by Greg May
Oct 21
Big city justices roll into Napa

The First District Court of Appeal convened yesterday in Napa to hear two criminal cases at a public auditorium before about 400 high school students. The justices also treated the students to a Q&A session. Given that most people's exposure to the law through the entertainment media nearly always involves a trial, this session strikes me as an excellent opportunity to educate the public about appeals. After all that exposure to movie-version trials, one suspects that the typical student,... Posted on October 21, 2009 at 02:14 pm by Greg May
Oct 17
Well, just the impetus I needed!

If you are a regular reader, you know I've been AWOL for several months. What started as a short break turned into a hiatus, without so much as an announcement from me. Work and family issues made for such a hugely busy few months. For the past few weeks, I've been considering how to get started blogging again. I've been mulling a change in focus of the blog, design changes, perhaps starting another one. Something I could do to rekindle my blogging spirit and herald my return to the keyboard.... Posted on October 17, 2009 at 01:23 am by Greg May

Rank This Week: 322

Long Term Disability Law Blog

This blog covers all aspects of long term disability advocacy. Topics include long term disability benefits and claimant tips. By Riemer & Associates.

http://www.longtermdisabilitylawblog.com/

Aug 14
Riemer Convinces Court to Award his client $180,466 in Attorney Fees

On August 5, 2009, the Federal District Court in New York City ordered INA Life Insurance Company of New York, a subsidiary of CIGNA, to pay our client $180,466.60 in attorney fees. This award follows a battle for long term disability benefits, where the Court found that CIGNA's denial of long term disability benefits was arbitrary and capricious. The lawsuit was subject to the Employee Retirement Income Security Act ("ERISA"). Under ERISA, the Court may in its discretion award the plaintiff... Posted on August 14, 2009 at 08:50 am by Scott Riemer
Apr 20
Riemer invited to Speak at Prestigious Disability Conference

On June 15, 2009, Scott M. Riemer was one of the featured speakers at the 12th National Advanced Forum on Resolving Disability Insurance Claims & Litigation in Boston. The conference was sponsored by the American Conference Institute. The conference included speakers who are leading plaintiff and defense lawyers as well as top medical experts. The topic of Mr. Riemer's discussion was "The Impact of MetLife v. Glenn on the Standard of Review and Discovery." Please take a look at ACI's... Posted on April 20, 2009 at 07:05 am by Scott Riemer
Apr 17
Riemer Convinces Court to Award Wide-Ranging Discovery against Hartford

In Jacoby v. Hartford, 254 F.R.D. 477 (S.D.N.Y. 2009), the Federal District in New York City ordered Hartford to produce thousands of pages of documents pertaining to Hartford's inherent conflict of interest. Rejecting Hartford's claims of confidentiality and burdensomeness, the Court ordered Hartford to respond to plaintiff's interrogatories and document demands, including the full production of Hartford's BMS Claims Manual and SIU Reference Manual. The Court also rejected Hartford's claim... Posted on April 17, 2009 at 12:19 pm by Scott Riemer

Rank This Week: 343

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://www.conflictoflaws.net

Nov 22
French Conference on Parallel Litigation

The Master of arbitration and international commercial law of the university of Versailles Saint-Quentin will organize a conference on Thursday November 26th on parallel litigation. There will be two speakers, who will speak in French. First, Gilberto Boutin, from the university of Panama, will present recent developments in the doctrines of forum non conveniens and lis pendens in South America. Then, Gilles Cuniberti, from the university of Luxembourg, will discuss parallel proceedings between... Posted on November 22, 2009 at 05:19 am by Marta Requejo
Nov 19
The written observations submitted in the Gambazzi case

Many thanks to Prof. Koji Takahashi for sending the following text and the files with the written observations submitted in the Gambazzi case. The written observations submitted to the European Court of Justice are normally unpublished. Earlier this year, I obtained the observations submitted in Case C-394/07 Gambazzi by the United Kingdom, the Republic of Italy and the Commission of the European Communities as well as the French translation of the observation of Italy supplied by the Court of... Posted on November 19, 2009 at 09:52 am by Marta Requejo
Nov 18
Anti-suit Injunction Issued By US Court

The United States Court of Appeals for the Ninth Circuit recently decided the case of Applied Medical v. The Surgical Company (available here), which raised the issue whether a district court abused its discretion in denying an anti-suit injunction. In short form, the facts were that two companies entered into a purchasing relationship that was subject to a written agreement that included a choice of law and choice of forum clause. That clause read as follows: "This Agreement shall be governed... Posted on November 18, 2009 at 05:57 pm by Trey Childress

Rank This Week: 350

The Illinois Trial Practice Weblog...

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/

Nov 19
Google at the Center of Dispute Between Two Wisconsin Firms

At Wisconsin Personal Injury Lawyers Blog, Frank Pasternak writes about "an interesting lawsuit among Wisconsin personal injury attorneys"-- Habush, Habush & Rottier, an old-guard Wisconsin personal injury law firm, is suing Cannon & Dunphy, another such firm for paying Google to link to the Cannon & Dunphy website when Google user searches the name Habush or Rottier. It's actually quite interesting given that the Habush law firm was one of the first to advertise quite heavily on... Posted on November 19, 2009 at 11:22 am by Evan Schaeffer
Nov 17
Beginning the Trial: What to Wear, What to Say

From Ron Miller at Maryland Injury Lawyer Blog, "Rolexes and Introductions"-- My style is conservative in that I wear "please don't notice my clothes one way or the other" attire. I would feel uncomfortable with a diamond hoop earring and a gold bracelet. But some lawyers with traditional clothes look like your Uncle Bill at a wedding: miserably out of their element. If that is who you are, be who you are. Juries are going to say, "Hey, he/she is not like me, but this is a real person." There's... Posted on November 17, 2009 at 09:42 am by Evan Schaeffer
Nov 12
A Plethora of Legal Writing Tips

Here are some tips you can find in the "legal writing" section of this weblog-- Stuck on the first draft? Try starting in the middle; Why your briefs are probably too long, and how to make them shorter; Improve your briefs with better introductions; How to design the look of your brief to make it more readable; How to structure your brief, every time; How to be a better editor of your own legal writing; Be on the lookout for overstatement; Know how to spot muddled writing; Make your writing... Posted on November 12, 2009 at 09:51 am by Evan Schaeffer

Rank This Week: 359

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/

Nov 21
Unconstitutional For Illinois SLAPPs Act To Grant Appellate Jurisdiction Over Interlocutory Order

Louis Mund sued the Browns and the Furkins for abuse of process, malicious prosecution, and intentional infliction of emotional distress. The Browns and the Furkins asked the trial court to dismiss the case. They argued that the Illinois Citizen Participation Act (statute that "aims to protect defendants from 'Strategic Lawsuits Against Public Participation' (SLAPPs), which harass citizens for exercising constitutional rights, such as the right to petition the government.") The trial court... Posted on November 21, 2009 at 05:52 pm
Nov 15
De Novo Standard Of Review For Petition To Vacate Dismissal When Trial Court Does Not Take Testimony

Christopher Mills sued Ryan McDuffa. Mills claimed he was injured when his car was rear ended by McDuffa. Two of Mills's attorneys withdrew, and when Mills did not appear for a court hearing his case was dismissed for want of prosecution. About four months later, a new lawyer for Mills filed a petition under Illinois Rule of Civil Procedure 2-1401 (relief from judgments more than 30 days old) to vacate the dismissal order. The trial court read the parties' briefs and heard oral argument, but... Posted on November 15, 2009 at 03:41 pm
Nov 11
Unfounded Motion To Reconsider Judgment Extends Time To File Appeal

James Bertell was involuntarily committed to the Rockford Memorial Hospital. James sued the hospital, claiming its petition for involuntary commitment was late. The circuit court disagreed and dismissed James's complaint. After the trial court denied James's motion for reconsideration of the dismissal, James appealed within the 30-day deadline. Nevertheless, the hospital asked the appellate court to dismiss the appeal for lack of appellate jurisdiction, asserting that James's notice of appeal... Posted on November 11, 2009 at 08:20 pm

Rank This Week: 395

Legal Radar

Offers news coverage on civil litigation. By Sue Kerry.

http://www.legalradar.com/

Nov 20
Cabot Oil & Gas Responds to Pennsylvania Lawsuit

Cabot Oil & Gas Corporation (NYSE: COG) today announced it has learned that a lawsuit has been filed by a group of Dimock residents who are claiming damage to their property and to water supplies. Cabot has successfully drilled and completed dozens of natural gas wells in the Dimock area. These activities are heavily regulated pursuant to the Pennsylvania Oil and Gas Act and other environmental laws and regulations. The Pennsylvania Department of Environmental Protection has the... Posted on November 20, 2009 at 02:07 pm by Heather Young
Nov 18
BJ's Wholesale Club Reaches Settlement of Job Classification Claim

BJ's Wholesale Club (NYSE: BJ) announced today that the Company has recorded an $11.7 million pre-tax charge in connection with settling a claim relating to the classification of various employees as exempt from overtime wages. Under the settlement, which still must be approved by the federal court, certain current and former mid-level managers will be eligible to receive payments to compensate them for particular hours worked in prior years. "BJ's Wholesale Club values the role each team... Posted on November 18, 2009 at 02:12 pm by Heather Young
Nov 12
Oregon Hospice Pays U.S. $1.83 Million to Settle False Claims Act Liability

Kaiser Foundation Hospitals - Kaiser Sunnyside Medical Center, Kaiser Foundation Health Plan of the Northwest and Northwest Permanente P.C., Physicians & Surgeons (collectively, Kaiser NW) has agreed to pay the United States $1,830,322.41 to settle False Claims Act liability, the Justice Department announced today. The United States contends that Kaiser NW billed Medicare between 2000 and 2004 for hospice services that had been provided by the Kaiser Northwest Region Hospice without... Posted on November 12, 2009 at 09:58 am by Heather Young

Rank This Week: 399

Say What?! Judge Jerry Buchmeyer's...

Say What?! Judge Jerry Buchmeyer's weblog of classic legal humor.

Real life Texas Courtroom Humor. From U.S. Federal District Judge Jerry Buchmeyer (Northern District of Texas).

http://www.texasbar.com/saywhat/weblog/index.html

Nov 18
December 1996 - The Court Reporters...

December 1996 - The Court Reporters Have Done It Again! Lynn Brooks of Dallas, who is (among other things) the book review editor of the Journal of Court Reporters, writes: Court: To the charge of driving while intoxicated, how do you plead? A. Drunk. *** Q, And when was that? A. I guess it was sometime before noon or after noon. *** Q. Do you understand my question? A. I think so, but that may be my fault. *** Q. Can you describe what it was like to be at Metropolitan State Hospital? A. Scary.... Posted on November 18, 2009 at 10:20 pm by texasbar
Nov 17
October 1993 - Number One Easy Street...

October 1993 - Number One Easy Street From Hollis Horton of Beaumont (Orgain, Bell, etc.), this excerpt from the plaintiff's deposition in a workers' compensation case - which was settled, "sometime after the deposition, for an amount which reportedly allowed the plaintiff to maintain his standard of living." Q. What's your address [in Lumberton]? A. My mailing address? Q. Well, tell me where your residence address is. If it has a house number, tell me that. A. Well, we just named our street... Posted on November 17, 2009 at 10:14 pm by texasbar
Nov 16
September 1993 - More From the...

September 1993 - More From the Buchmeyer Trials From an environmental criminal trial (the charges were illegal dumping of hazardous wastes): Q. Isn't it a fact that ABC Corporation converted to non-lead glaze in 1990 - two years before your company? A. That is not a fact - and it's not true, either. *** Q. Now, who was the next supervisor you had at the [defendant company]? A. Jerry ... Jerry ... I know it was Jerry something or other ... Jerry ... maybe Jerry Buchmeyer or something like that.... Posted on November 16, 2009 at 10:02 pm by texasbar

Rank This Week: 406

Electronic Discovery Blog

Covers electronic discovery, including cost shifting, meta data, and spoliation. By W. Lawrence Wescott II.

http://www.electronicdiscoveryblog.com

Nov 18
Integrated systems approach reduces the cost of e-discovery

I had a follow-on discussion with Mark L. Moerdler, Ph.D, VP of Strategy for CA's Information Governance business unit, on how a system integrating records information management (RIM) and e-discovery capabilities can lessen e-discovery costs. Dr. Moerdler pointed out four ways in which CA's Records Manager cuts e-discovery expenses: 1) The implementation of a retention [...] Posted on November 18, 2009 at 04:49 pm by Larry Wescott
Nov 9
PSS Systems Announces the Release of Atlas Compliance Automation 2.0 for eDiscovery

PSS Systems is probably best known in the e-discovery community for its legal hold solutions. Over time, however, PSS Systems has built an entire suite of applications dedicated to the governance of information over its entire lifecycle, from creation to disposal. From its origins helping attorneys manage legal holds in their organizations, PSS [...] Posted on November 9, 2009 at 05:06 pm by Larry Wescott
Nov 4
Production of ESI on backup tapes denied where ESI ruled inaccessible and requestor fails to demonstrate good cause

Major Tours, Inc. v. Colorel, 2009 U.S. Dist. LEXIS 97554 (D.N.J. Oct. 20, 2009) Requestor sought e-mails from backup tapes and producers' e-mail archives, while producer sought a protective order, claiming that the e-mails were inaccessible because of the burden and cost to retrieve them. Producer sought to limit discovery to the e-mails on [...] Posted on November 4, 2009 at 06:06 pm by Larry Wescott

Rank This Week: 407

Deliberations

Covers laws, news, and thoughts on juries and jury trials. By Anne Reed.

http://jurylaw.typepad.com/deliberations/

Oct 28
Unforgettable Juror Art

Deliberations collects juror art, as you may know -- drawings and photographs made by real people on jury duty, gathered in what we cheerfully call the "American Gallery of Juror Art." The collection is meant to show both the light side of jury duty and also the often-missed depth and talent of many jurors. Much of the work is extraordinary. A story like this, though, can't just go in the collection. You have to read the whole thing, but the short version is that artist Alberto Araoz, a... Posted on October 28, 2009 at 02:51 pm by Anne Reed
Oct 15
When They Don't See What You See

A recent study highlights what might be the most important thing lawyers and clients miss about how juries will react to their cases. The same evidence that makes you angry at the other side might make jurors angry at you. I'll show you how it works. Here's a fact about health care. Ready? Many people get diabetes because of social or economic factors in their neighborhoods, such as lack of neighborhood grocery stores or safe places to exercise. Does that fact make you more supportive of public... Posted on October 15, 2009 at 09:01 pm by Anne Reed
Oct 1
Look At The Jury Expert Now

The Jury Expert doesn't need me anymore, but I'll keep posting about new issues anyway. Back in May 2008 when the first on-line issue of the American Society of Trial Consultants' bimonthly journal came out, it got 500 hits, and if Deliberations wasn't the only blog to write about it, it was one of a very few. A year and a half later, The Jury Expert is such a celebrity it probably has to wear sunglasses to go to the drugstore. Each of the last two issues got more than 12,000 hits. The Texas... Posted on October 1, 2009 at 09:18 pm by Anne Reed

Rank This Week: 419

Appealing in Nevada

Covers appellate law practice in Nevada and before the Ninth Circuit Court of Appeals. By Tami D. Cowden.

http://www.nevadaappellatelaw.com/

Oct 22
Attorneys fees for services rendered- to whom?

The 9th Circuit took an interesting view of the quantum meruit value of services performed by a firm that referred a case to another firm. Crockett & Myers v. Napier involved a dispute between the Crockett, the local firm, and Napier, a New York firm, over the referral fee. The New York firm referred the client to the local firm, and the two firms, with the client's permission, agreed to split any contingency fee received 50-50. But the client fired the New York firm more than a year before... Posted on October 22, 2009 at 04:01 pm
Oct 22
Non-owner citizen may challenge land annexations

In Citizens for Cold Springs v. City of Reno, the Nevada Supreme Court held that citizens have standing to challenge a land annexation, even if they do not own the land subject to annexation. NRS 268.668 grants standing to seek judicial review to any person claiming to be adversely affected by an annexation. The Court noted, however, that while a mere claim to an adverse affect will satisfy the requirements of standing, the claimant must prove it has or reasonably will suffer an actual adverse... Posted on October 22, 2009 at 03:17 pm
Oct 22
Congratulations to Nevada Bar's new admittees!

Congratulations to all who passed the July 2009 Nevada Bar Exam. The unofficial results are posted here. The unofficial pass rate if 63% - 6 percentage points down from last July. The Supreme Court has scheduled admission ceremonies in Reno and Las Vegas: Reno - Nov. 4, 2009, 3:30 pm at the Siena Hotel Spa Casino, Main Ballroom, 1 South Lake Street Las Vegas - Nov. 6, 2009 3:30 pm at the Rio Hotel, the Brasilia Room, 3700 W. Flamingo See details here. The Las Vegas ceremony will be followed by... Posted on October 22, 2009 at 03:01 pm

Rank This Week: 420

Greedy Trial Lawyer

The philosophical ruminations of an experienced trial lawyer who knows who he is and what he does and makes no apologies.

http://www.greedytriallawyer.com/

Sep 22
test post

testing Posted on September 22, 2008 at 05:15 pm
Oct 3
Justice Clarence Thomas, Seething Black Conservative Hero Tells Us How Bad It Has Been

/**/ There have been more than a few voices expressing, in various ways, discomfort, surprise or puzzlement over the tone and substance of the Clarence Thomas media blitz publicizing the Justice's newly published book. A good example: Is Clarence Thomas Playing the Race Card Again? When I watched the Clarence Thomas confirmation hearings many moons ago, I was more than a bit surprised to hear him fight back with a claim that the Anita Hill allegations of the hearings were, in his words, a... Posted on October 3, 2007 at 03:08 am
Oct 2
Now Isiah Thomas Is In A Hostile Environment

/**/ Some years ago I had the delightful experience of a jury note after 2 days of deliberation which asked the judge, "Do we fill out the amount of the damages if we agree the doctor was at fault?" Obviously, the doctor and his defense attorney were having far different feelings. I recalled this incident when I read the following news account of the Isiah Thomas case. A JURY OF HIS FEARS Knicks coach Isiah Thomas isn't getting any love from the jury in his sensational sexual harassment case, a... Posted on October 2, 2007 at 06:12 am

Rank This Week: 427

Louisiana Law Blog

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

http://www.louisianalawblog.com/

Nov 20
Declaratory Judgment Action Still Requires Case or Controversy

By Sonny Chastain The Fifth Circuit Court of Appeals recently addressed the standard for a declaratory judgment action in the context of trademark rights. In Vantage Trailers, Inc. v. Beall Corporation, 567 F.3d 745 (5th Cir. 2009), Vantage filed civil action seeking declaratory judgment finding that its designed for a new aluminum bottom dump trailer would not infringe on any valid trademark rights of Beall Corporation. Beall manufacturers and sells an aluminum bottom dump trailer which is... Posted on November 20, 2009 at 01:52 pm by Steven Boutwell
Oct 30
Louisiana Department of Health and Hospitals Plans to Audit All In-Home Direct Care Providers to Fight Medicaid Fraud

By Jennifer J. Thomas In the wake of the Fraud Enforcement and Recovery Act of 2009 (FERA), which was enacted by Congress on May 20, 2009 and expands the federal False Claims Act, the Louisiana Department of Health and Hospitals ("DHH") announced on October 29, 2009, a new fraud initiative against agencies who deliver in-home direct care to Medicaid beneficiaries. DHH is partnering with the Louisiana Attorney General's office to audit of all Medicaid in-home direct care providers. DHH will... Posted on October 30, 2009 at 11:13 am by Steven Boutwell
Oct 9
The Limits on E-Discovery

Nearly three years have passed since electronic discovery was formally introduced into the realm of discovery. The scope of electronic discovery is broad- it includes discovery of "any information that can be stored electronically, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or compilations-stored in any medium from which information can be obtained either directly, or if necessary, after translation by the responding party into a... Posted on October 9, 2009 at 01:59 pm by Steven Boutwell

Rank This Week: 435

New York Probate & Estate...

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/

Oct 28
New Bills To Restore The Estate Tax In The Congressional Hopper

As reported today by fellow lawblogger Karen Meckstroth in her Bay Area Wills, Trusts And Probate Report Blog two Representatives have filed different bills to amend the Internal Revenue Code and to restore the estate tax which would otherwise terminate for one year in 2010. The bills proposed by Rep. Berkley (D.NY) and Rep. Schrader (D-OR) may each be viewed by clicking on the link provided by Ms. Meckstroth in her article. Both provide for an increase in the basic estate tax exemption to 5... Posted on October 28, 2009 at 04:11 pm
Oct 20
Martin Luther King Estate Is Finally Settled

More than forty years after the death of Martin Luther King Jr., his children have resolved a bitter dispute over his multi million dollar estate. As reported by Bruce Carton in an article posted on Legal Blog Watch today, the lawsuits and countersuits stemming from charges of misuse of estate funds and seeking control over various assets have been settled, the family seeking to move on and preserve the legacy of their late father. An interesting sidelight of the story is that the estate... Posted on October 20, 2009 at 03:19 pm
Oct 20
Court Leaves Door Open For Foreign Heir To Exercise Fiduciary Rights

Recently, your faithful lawblogger attended a seminar at the local bar association which was emceed by Nassau County Surrogate John Riordan. The surrogate took this opportunity to discuss the recently decided case of Schoeps v. Andrew Lloyd Webber Art Foundation which is reported at 884 NYS2d396. This First Department Appellate Division case is of interest on several levels. It deals with the attempt of a German national to recover a multi-million dollar Picasso painting which he alleged was... Posted on October 20, 2009 at 08:28 am

Rank This Week: 443

shlep: the Self-Help Law ExPress

News, views and information on self-help law and pro se litigation.

http://blogs.law.harvard.edu/shlep

Aug 11
Los Angeles Times: Litigants become their own lawyers

From the Los Angeles Times Litigants become their own lawyers Hiring an attorney isn't cheap, so these days more people are navigating the justice system themselves. But courtrooms can be tough for amateurs. By John Keilman August 10, 2009 Reporting from Chicago - When Marsha and Larry Lipsky wanted to evict a troublesome tenant from their home in Arlington Heights, Ill., they consulted a few attorneys but couldn't afford fees that ran from $500 to $5,000. So they did what a lot of people with... Posted on August 11, 2009 at 05:42 am by TerryConaway
Aug 6
From the Chicago Tribune: Recession...

From the Chicago Tribune: Recession forces more to act as own lawyer Observers warn that courtrooms aren't made for amateurs By John Keilman Tribune reporter August 5, 2009 When Marsha and Larry Lipsky wanted to evict a troublesome tenant from their Arlington Heights home, they consulted a few attorneys but couldn't afford fees that ran from $500 to $5,000. So they did what a lot of people with legal trouble are doing these days: They became their own lawyers. "I was a nervous wreck since... Posted on August 6, 2009 at 04:48 am by TerryConaway
Jul 31
Self-representation in the international arena

I know this may be a bit beyond the scope of this blog but I ran across a new law review article that may be of interest to scholars who are interested in the right of self-representation. I'm posting the abstract for the article. Georgetown Journal of International Law Spring, 2009 SELF-REPRESENTATION IN THE INTERNATIONAL ARENA: REMOVING A FALSE RIGHT OF SPECTACLE 40 Georgetown Journal of International Law 919 (2009) Eugene Cerruti Recent historical scholarship has demonstrated that the... Posted on July 31, 2009 at 04:29 am by TerryConaway

Rank This Week: 473

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/index.html

Dec 13
Closing Out

Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas. Posted on December 13, 2008 at 01:02 pm
Dec 1
Constitutional issues with Clinton appointment???

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." Clinton was in the Senate when a pay increase passed for Secretary of State. Thus, under this clause, she is not... Posted on December 1, 2008 at 01:24 pm
Nov 19
Who will Obama appoint to SCOTUS?

The LA Times has this article. The top three are: Judges Diane Wood, 58, of the U.S. appeals court in Chicago; Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York; and Elena Kagan, 48, dean of Harvard Law School. Posted on November 19, 2008 at 07:06 pm

Rank This Week: 474

California Business Litigation...

California Business Litigation Blog

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

http://www.californiabusinesslitigation.com/

Nov 16
School Dress Codes: Can Boys Wear Skirts?

With the ever-changing rules on being equal, questions are arising questioning whether it is appropriate for boys to wear girls clothing. Most schools have dress codes, such as girls having a proper length skirt. However, what if a boy was wearing the skirt, if it was the proper length, could he? Cross-dressing teens are testing the boundaries around the country. For example, in Houston, a senior was sent home because his hair violated the length rules, which stated that the hair could be no... Posted on November 16, 2009 at 02:54 pm by Richard Oppenheim
Nov 9
ACLU Files Lawsuit Over Slumber Party Photos

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two students who were suspended from athletic activities after their principal found sexually suggestive photos from a slumber party. In the lawsuit, the ACLU claims that Smith Green Community School Corporation and the Churubusco High School Principal, Mr. Austin Couch violated the students' rights by suspending them for out of school activities. The photos were posted to the student's MySpace pages. According to... Posted on November 9, 2009 at 08:53 am by Richard Oppenheim
Nov 5
Amgen Sued Over Alleged Medical Kickback Scheme

New York and 14 other states are filing suit against the company Amgen Inc, the largest biotechnology company in the world. The claim is that the company devised and used a nationwide kickback scheme to boost the sale of drugs. The company, along with AmerisourceBergen Corp, is charged with providing medical providers with a kickback for increasing sales of the company's product Aranesp, an anemia medication. In order to accomplish this, the companies encouraged medical providers to invoice... Posted on November 5, 2009 at 10:46 am by Richard Oppenheim

Rank This Week: 482

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/

Nov 16
Is cloud computing really less secure than the status quo?

This week's Daily Record column is entitled "Is cloud computing really less secure than the status quo?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ***** Is cloud computing really less secure than the status quo? Cloud computing, defined at Webopedia.com as the "sharing [of] computing resources rather than having local servers or personal devices to handle applications," is a buzzword that has many lawyers up in arms. For an even better... Posted on November 16, 2009 at 07:30 am by NBlack
Nov 9
Does Cloud Computing Compromise Clients?

This week's Daily Record column is entitled "Does cloud computing compromise clients?" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Does cloud computing compromise clients? I predict that within about two to three years, lawyers in most jurisdictions will communicate and collaborate with clients using some type of an encrypted network. A number of states, including Massachusetts and Nevada, already have passed laws or regulations... Posted on November 9, 2009 at 08:49 am by NBlack
Nov 2
Tricks for efficient online interaction

This week's Daily Record column is entitled "Tricks for efficient online interaction" A pdf of the article can be found here and my past Daily Record articles can be accessed here. ****** Tricks for efficient online interaction Many lawyers understand the importance of networking, but let's face it - running a law practice takes time and no one ever seems to have enough of it. In fact, the lack of time is one of the main reasons lawyers offer as an excuse to avoid online networking. If you use... Posted on November 2, 2009 at 01:30 pm by NBlack

Rank This Week: 495

ICT for Peacebuilding

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

http://ict4peace.wordpress.com

Nov 22
A billion for a billion: WFP tackles hunger through the web

You know its bound to fail, but embracing the web and social networking in the manner WFP has needs to be recognised, celebrated and supported as best one can. As reported in UN Dispatch, the World Food Program launched a new campaign, a billion for a billion. The idea is to link the 1 billion internet [...] Posted on November 22, 2009 at 05:30 pm by Sanjana Hattotuwa
Nov 22
Tamil not an official language in some e-gov sites in Sri Lanka?

I wrote in April 2008 that, "You know there's something seriously wrong with e-gov when the humanitarian section of official website of the President of Sri Lanka has only a single mention of a human (though one wonders whether the person mentioned also fell into the animal welfare directives of the Mahinda Chintana)&#xe2€&#xa6. From the non-functional and [...] Posted on November 22, 2009 at 04:23 am by Sanjana Hattotuwa
Nov 13
Moomeo: A perfect site for whistleblowers and anti-corruption initiatives?

Moomeo is a relatively new site based on a powerful, simple idea. It creates a webpage out of any email sent to post@moomeo.com. This website comes with easy links to share it on Facebook, Twitter and anywhere else on the web. Importantly, it does not show the sender of the email, ensuring that her / [...] Posted on November 13, 2009 at 08:46 pm by Sanjana Hattotuwa

Rank This Week: 514

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/

Nov 20
Legal Translation and Managing Foreign Language E-Discovery

As the legal world becomes increasingly global it is becoming more and more common to see foreign language documents being entered as evidence during litigation. Foreign language documents, due to their language and nuances, raise specific challenges for today's attorneys. In fact, foreign language e-discovery has become so prevalent that, in 2006, the Federal Rules of Civil Procedure were amended to make it clear that electronic documents - including foreign language ones - were discoverable.... Posted on November 20, 2009 at 04:31 am by All Language Alliance, Inc.
Nov 18
Foreign Language Digital Evidence, Legal Translation and Plain View Doctrine

We've blogged about multi-language translation and professional legal translation of foreign-language digital evidence and e-Discovery documents. There are proponents of eliminating the Plain View Doctrine from searches of computer hard drives and related digital evidence. The issue typically comes down to confusion between what constitutes a computer search and what constitutes a forensic examination. The problem is that a warrant to search digital property can easily be transformed in a... Posted on November 18, 2009 at 12:35 pm by All Language Alliance, Inc.
Nov 12
Which Party Pays the Costs of Document Disclosure, Including Multi-Language Translation?

Rosado's shortcoming is that it says nothing about who should pay the costs of production. As to this question, one turns to the case of Schroeder v. Centro Pariso Tropical which, briefly, states that the defendant in the litigation was not required "to help a third party defendant defray the costs of its own discovery". From here, one must also look at Rubin v. Alamo Rent-a-Car, which, on appeal, stated that "each party should shoulder the initial burden of financing his or her own suit" and... Posted on November 12, 2009 at 04:36 am by All Language Alliance, Inc.

Rank This Week: 519

Litigation Blog

Focuses on litigation, interesting lawsuits and legal technology issues. From the Fish Law Firm.

http://fishlawfirm.com/blog

Apr 29
Fair and Accurate Credit Transactions Act —Class Action Lawsuits Over Credit Card Receipts

An astonishing number of class action lawsuits have been filed against local merchants for allegedly violation the The Fair and Accurate Credit Transactions Act. The lawsuits are targeting merchants who are disclosing excessive amounts of information on their credit card receipts. The Fair and Accurate Credit Transaction Act provides, in part: Truncation of Credit Card and Debit Card Numbers: Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for... Posted on April 29, 2008 at 07:39 pm by Administrator
Apr 3
Google Lawsuit Goes Forward: Court refuses To Dismiss Claims Alleging Google Participated In A “Massive Scheme To Use Deceptive Domain Names” To Generate Billions Of Dollars.

Vulcan Golf, LLC filed a putative class action lawsuit against Google, Inc. and other defendants, including Oversee.net, Sedo LLC, Dotster, Inc. a/k/a revenuedirect.com. The Defendants sought to have the case thrown out on a motion to dismiss. Instead, the Court allowed much of the case to proceed and ordered the parties to brief whether the case should proceed as a class action lawsuit. Vulcan Golf, LLC v. Google Inc., 2008 WL 818346 (N. D. ILL., March 20, 2008) A copy of the judge's ruling is... Posted on April 3, 2008 at 03:09 pm by Administrator
Jan 26
e360insight v. Comcast, Denial Of Service Attacks May Establish New Legal Precedent

e360Insight, which markets products via e-mail, has filed an interesting lawsuit against Comcast. A copy of the Complaint is available here via SpamSuite. The lawsuit alleges that Comcast unlawfully blocks those e-mails sent to e360Insight's customers (which have e-mail through Comcast). Claims are brought for tortious interference, violations of the Computer Fraud and Abuse Act, First Amendment violations, and Unfair Competition and Business Practices. This case will set an interesting legal... Posted on January 26, 2008 at 01:55 pm by Administrator

Rank This Week: 566

Georgia Litigation Blog

Offers news and developments for Georgia corporate & fiduciary litigation. By Scott B. Riddle.

http://www.georgialitigationblog.com/georgia_litigation_blog/

Apr 8
Ga Ct of Appeals - Corporate Directors Can File Bankruptcy Petition After Receiver Appointed And TRO Issued, But It Better Be Properly Authorized And Valid

By: Scott B. Riddle, Esq. Huffman v. Armenia, Case Nos. A06A2105; A06A2106; A07A0616, 2007 Ga. App. LEXIS 325 (Ga. App. March 20, 2007). In a prior post, I discussed a case that held that a debtor entity may file a Bankruptcy petition even when a Receiver has been appointed by the state court. While I do not know that there is much dispute over the fact that federal Bankruptcy law pre-empts state law, and therefore, the appointment of receivers, but what happens when the officers or directors... Posted on April 8, 2007 at 04:50 am by sbriddle
Mar 19
What Does the "Super Lawyers" Publication Think Of The Rules Of Professional Conduct?

By: Scott B. Riddle, Esq. Much has been written about the label of "Super Lawyer," including Kevin O'Keefe's post about the organization playing to egos to sell advertising and the possible ban on advertising one's inclusion in the list. But what, exactly, do the "Super Lawyer" Editors think of the ethical rules that the lawyers must follow? I was browsing the Super Lawyers website tonight and clicked on the Georgia section to see who was listed. What do we see at the bottom of the page, in... Posted on March 19, 2007 at 07:29 am by sbriddle
Mar 16
Ga Ct. of Appeals - Minority Shareholders Could Not Enjoin Merger Of Delaware Corporations

By: Scott B. Riddle, Esq. Paul and Suzie Schutt Irrevocable Family Trust v. NAC Holding, Inc., Case No. A-06-A2323 (Ga. App. March 1, 2007). (Download schutt.pdf ). The plaintiff owned 0.10% of stock in a subsidiary company, and the parent owned 99.76%. Both parent and sub were Delaware corporations. The SCHUTTs ... sought to enjoin the merger in a suit alleging that the NAC officers had breached their fiduciary duties by mismanaging the company. The SCHUTTs termed the penny-a-share offer... Posted on March 16, 2007 at 04:57 am by sbriddle

Rank This Week: 570

Expert Witness Blog

Blog covers use of expert witnesses in trials as well as expert witness issues. Published by Jim Robinson.

http://www.expertwitnessblog.com/

Nov 15
Forensic Engineering Experts On Motorcycle Helmets

Crashworthiness experts at the National Highway Traffic Safety Administration answer the questions "DO MOTORCYCLE HELMETS INTERFERE WITH THE VISION AND HEARING OF RIDERS? ' Motorcycle crash statistics show that helmets are about 29 percent effective in preventing crash fatalities. That is, on average, riders wearing a helmet have a 29 percent better chance of surviving a crash than riders without a helmet.The hearing test showed that there were no significant differences in the riders' ability... Posted on November 15, 2009 at 12:05 pm by Karen Olson
Nov 15
Fire Expert Witness On What Fire Scene Responders Need To Know Part 1

In What Fire Scene Responders Need to Know in Tough Economic Times (Part 1), fire expert witness and Principal of Pyrocop Inc., Robert Rowe writes: Fire investigation is one of the most difficult of the forensic sciences to practice and as the motivations for arson increase, so too may the need for professional investigators. In most forensic disciplines, even the basic question of whether a crime has been committed is in most cases obvious. However, unlike most crime scenes, a fire scene... Posted on November 15, 2009 at 06:00 am by Karen Olson
Nov 14
Mortgages Expert Witness On Loan Underwriting Part 5

In Basic Characteristics And "Life" of Residential Mortgage Loans mortgages expert witness J. F. "Chip" Morrow writes: The underwriter must also evaluate the character risk of the borrower. Statistics have shown that past satisfactory payment credit history indicates with high probability that the prospective borrower will make future payments including this new loan. The underwriter analyzes the prospective borrower's credit history by obtaining a Residential Mortgage Credit Report ("Credit... Posted on November 14, 2009 at 06:00 am by Karen Olson

Rank This Week: 588

Ringler Radio - Legal Settlements

Internet radio show / Podcast hosted by the leaders in structured settlements. From Ringler Associates and the Law Talk Network.

http://www.legaltalknetwork.com/modules.php?name=News&new_topic=14

Nov 17
Railroad Cases & the Daubert Hearings

In the earlier 1990s, railroad workers claimed symptoms of what their lawyers call toxic encephalopathy. Ultimately, scores of lawsuits were filed in northern West Virginia in which those railroad employees sought compensation from the railroad. On this edition of Ringler Radio, host Larry Cohen welcomes Attorney James W.Turner from the firm Huddleston Bolen to discuss the groundbreaking railroad case: Carter, et al v. CSX Transportation, Inc. Larry and Jim will explore this controversial... Posted on November 17, 2009 at 06:18 am
Nov 3
Challenges Facing a Medical Malpractice Plaintiff

It's no secret that today the medical malpractice area is one of the most difficult areas of litigation. Plaintiffs not only have to deal with the physical effects of medical malpractice but also the challenges that they face in the courts. On this edition of Ringler Radio, host Larry Cohen welcomes Attorney Barry J. Nace, senior partner at Paulson & Nace in Washington DC to look at the process for the medical malpractice plaintiff in the trial court and specifically deal with how the... Posted on November 3, 2009 at 09:44 am
Oct 20
ER Errors: Medical Negligence & Prevention

On this edition of Ringler Radio, host Larry Cohen welcomes colleague and co-host, Rachel D. Grant, Settlement Annuity Specialist in the Detroit office, as they look at emergency room errors, traumatic birth injuries and neurological injuries within hospitals, with Attorney Brian J. McKeen from the firm of McKeen & Associates. They will discuss how to determine medical negligence, what is being done in hospitals to prevent ER errors and how a structured settlement can benefit clients Posted on October 20, 2009 at 07:27 am

Rank This Week: 649

South Carolina Trial Law Blog

Covers trial techniques, including decision making, exhibits, medical information, presentation settlement, themes and arguments. By David Swanner.

http://www.sctriallaw.com/

Nov 19
Adjuster Law: Not Enough Damage to the Car

I sent a demand package to an insurance company on a car wreck case with about $26,000 in bills for medical treatment and two herniated disks. The adjuster wanted us to get information on prior medical treatment because of the severity of the claim, they felt there had to be some pre-existing condition. We complied because that was information that we would need to gather if there was a lawsuit anyways. When that didn't turn up anything, the denied any payment. The reason? Not enough damage to... Posted on November 19, 2009 at 08:19 am
Aug 19
Funny Answer for Request on Information for an Expert

In a recent conversation: Question: Does anyone have any information on expert _______? Answer: You are in trouble. ______ is formidable. I have used the expert myself on several occasions. The expert is well qualified, very articulate, makes a very good witness, quick on his/her feet, and is married to a judge. Good luck. Ouch. Just goes to show that both sides can have good witnesses. Posted on August 19, 2009 at 01:21 pm
May 23
Don Keenan and David Ball Seminar on the Reptilian Brain

I went to their seminare in Atlanta 2 weeks ago. Great, great stuff. Unfortunately, the book was still at the printers and won't be out for another week or so. They conducted a lot of focus groups and studies based on Clotaire Rapaille's work. Here is Rapaille's home page. The basic concept is that we have the modern functioning brain that helps us with decision making and functioning in our current environment. Underneath that is our lizard brain. The reptilian brain. The reptilian brain works... Posted on May 23, 2009 at 05:55 am

Rank This Week: 721

Construction Litigation Law Blog

Covers cmmunity associations, EIFS, construction litigation and construction news. By the Construction Litigation Group of Stark & Stark.

http://njconstructionlawblog.com/

Nov 4
Chinese Drywall Manufacturer Offers to Streamline Lawsuits in Federal Court

An article online this week states that Knauf Plasterboard Tianjin Co. Ltd., one of the leading defendants in a consolidated federal court lawsuit against drywall manufacturers in China, offered homeowners who sign up for he omnibus class action by December 2, 2009 and show proof that their homes were built with KPT drywall won't have to pay $15,000 to serve the company in China through the Hague Convention, according to an order issued Monday by United States District Court Judge Eldon Fallon.... Posted on November 4, 2009 at 05:58 am by Donald B. Brenner
Oct 28
Chinese Drywall Update: Tenebaum Brings Little Relief To US After Trip to China

A recent report in the Wall Street Journal details the ongoing frustrations of US homeowners who have been affected by the defective Chinese drywall epidemic. Homeowners were hopeful that Inez Tenebaum, Chair of the United States Consumer Product Safety Commission, would bring relief back to the US after a recent visit to China. Prior to the trip, Tenenbaum said she would speak to Chinese officials in an effort to gauge their willingness to help pay for the estimated $15-$25 billion dollars in... Posted on October 28, 2009 at 11:34 am by Donald B. Brenner
Oct 16
Insurance Companies Deny Claims, Drop Policies

I found an article on line this week which reports that in the wake of the defective Chinese drywall epidemic, insurance Companies have started to deny claims, and even worse, refusing to renew entire policies. Thousands of homeowners nationwide have been affected by the defective building materials are now finding little assistance. Experts warn that cases in which insurers drop policies or send notices of non-renewal based on the presence of the Chinese drywall, will become rampant as... Posted on October 16, 2009 at 09:23 am by Donald B. Brenner

Rank This Week: 744

New York Civil Law

A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense. By Matthew Lerner.

http://nylaw.typepad.com/new_york_civil_law/

Oct 26
Appellate Division, Second Department Affirms Rejection of Creative Rear-End Defense

In Carrington-White v. Malvey, the Appellate Division, Second Department recently affirmed the plaintiff's summary judgment motion on liability. The matter concerned a rear-end accident, where the defendant struck a cement barrier, causing her vehicle to strike the plaintiff's vehicle. In opposition to the plaintiff's summary judgment on liability, the defendant contended that she must have been struck from behind by an unidentified vehicle immediately before striking the plaintiff. The Second... Posted on October 26, 2009 at 03:00 am by Matthew Lerner
Oct 11
Appellate Division, First Department Addresses Confidential Settlement Agreement Issue

The Appellate Division, First Department in Osowski v. AMEC Constr. Mgt., Inc. addressed a confidential settlement agreement between the plaintiffs and the defendants. The plaintiffs and defendants entered into a settlement agreement to perform an end-run around a contractual waiver of subrogation contained in an Owner Controlled Insurance Program. The opinion concerns issues surrounding the disclosure of confidential settlement agreements and the importance of forthrightness where the court... Posted on October 11, 2009 at 07:38 pm by Matthew Lerner
Oct 6
New York Court of Appeals' Hears Oral Argument on Scaffold Law This Session

New York Civil Law posted about Affri v. Basch earlier this year. The appeal will be argued this Session. The Appellate Division decision does not reveal much as to what the novel issue concerns. As what can be discerned from the terse Appellate Division decision, the issue surrounds the homeowner's exception to Labor Law sec. 240(1). Affri seems to concern whether the homeowners' aesthetic decisions and general supervisory work regarding the project precluded them from enjoying the homeowner's... Posted on October 6, 2009 at 09:00 am by Matthew Lerner

Rank This Week: 749

Alaska Law Blog

Alaska Law Blog covers commercial, business, banking, construction, engineering, real estate, and employment law litigation. By the Anchorage, Alaska Litigation Law Firm of Atkinson, Conway & Gagnon.

http://www.alaskalawblog.com/

Oct 2
A Rogue Blog Post

The Alaska Law Blog is completely apolitical. We withhold our campaign contributions from the left and the right in equal measure. We have no agenda, save that which advances the cause of unmuddied legal thinking in the Last Frontier. But sometimes, . . . sometimes the political circus overwhelms our studied apathy. The announcement yesterday on former Governor Sarah Palin's new book, Going Rogue: An American Life, and the frenzy thereby unleashed, have overtopped the restraints we have... Posted on October 2, 2009 at 04:49 pm by Jerome H. Juday
Sep 30
Civil Rule 68 Offers of Judgment Must Be In Good Faith In Both Timing And Amount

Under Alaska Civil Rule 68, a litigant who beats their offer of judgment at trial can recover additional attorney's fees and costs. On Friday, September 25, 2009, the Alaska Supreme Court ruled that an offer of judgment must be reasonable and good faith in both timing and amount before the penal provisions of Civil Rule 68 can be imposed. In Beal v. McGuire , an offer of judgment for $1 was held to not be a bona fide attempt to settle the case because of its small amount and timing. The offer... Posted on September 30, 2009 at 08:42 pm by Christopher J. Slottee
Aug 26
ACG Lawyers Selected For 2010 Best Lawyers In America

Atkinson, Conway & Gagnon, Inc. is pleased to announce that seven of its attorneys have been named to the 2010 edition of Best Lawyers In America. Best Lawyers In America is the oldest peer-reviewed publication in the legal profession. Bruce E. Gagnon was named as a Best Lawyer in the areas of alternative dispute resolution, bet-the-company litigation, commercial litigation, corporate law, professional malpractice law, real estate law, and securities law. Mr. Gagnon has been listed as a... Posted on August 26, 2009 at 02:38 pm by Atkinson, Conway & Gagnon, Inc.

Rank This Week: 756

Ross' Arbitration Blog

Covers labor and employment arbitration. By Ross Runkel.

http://www.lawmemo.com/arbitrationblog/

Sep 28
US Supreme Ct argument on class action arbitration

The US Supreme Court announced today the schedule for oral arguments in Stolt-Nielsen S.A., et al. v. AnimalFeeds International Corp. - December 9 at 10:00 a.m. Eastern time. The parties in this case are parties to international maritime contracts that contain arbitration clauses. The contracts are silent as to whether arbitration is permissible on behalf of a class of contracting parties. A panel of arbitrators, tasked with deciding whether that silence permitted or precluded class... Posted on September 28, 2009 at 07:51 pm
Sep 17
Class action suit against National Arbitration Forum

A class action suit has been filed against National Arbitration Forum. Text of complaint: Magnone v. Accretive LLC, United States District Court, Central District of California A press release from the law firm filing the complaint: New York, NY - September 15, 2009 - The law firm of Milberg LLP has filed a class action lawsuit in the United States District Court for the Central District of California on behalf of all persons who used NAF's arbitration services during the period from June 1,... Posted on September 17, 2009 at 11:51 am
Sep 16
Federal Service Impasses Panel appointments

The President has named seven highly-qualified individuals to the Federal Service Impasses Panel - Federal Labor Relations Authority: Mary Jacksteit, Chair, Federal Service Impasses Panel - Federal Labor Relations Authority Mary Jacksteit has over 20 years of experience in mediation, facilitation and negotiation working for non-profit organizations, government agencies and community organizations. Jacksteit previously served on the Federal Service Impasses Panel for seven years during the... Posted on September 16, 2009 at 11:26 am

Rank This Week: 758

Trial Lawyer Resource Center

Several top trial attorneys join together with litigation experts to lend their expertise on topics that matter in your trial practice.

http://www.tlrcblog.com/

Nov 19
Synthes USA, Ti Synex II Vertebral Body Replacement (VBR) Lots Numbers

Lawyers Mark Zamora and Rob Bunch are investigating these claims, and you can reach them at 404-451-7781 and 888422-2882. Here is the information on the recalled Lots: Ti Synex II Vertebral Body Replacement (VBR) This recall involves part numbers 04.808.001-11, Synex II Central Body, Titanium (all lots). Part Numbers Descriptions 04.808.001 04.808.002 04.808.003 04.808.004 04.808.005 04.808.006 04.808.007 04.808.008 04.808.009 04.808.010 04.808.011 Ti Synex (TM) II Central Body 14 mm - 19 mm Ti... Posted on November 19, 2009 at 02:15 pm
Nov 17
Vertebral Body Replacement Recall

Attorneys Mark Zamora at 877-574-6454 and Rob Bunch at 888-422-2882 are investigating links between this recall and injuries FDA has notified healthcare professionals of a Class I Recall of all lots of the Synthes USA, Ti Synex II Vertebral Body Replacement, a device used in the T1-L5 portion of the spine to replace a collapsed, damaged, or unstable vertebral body. Reports of moderate to severe loss of vertebral body replacement height (caused by failure of the central body component) at six to... Posted on November 17, 2009 at 11:47 am
Oct 15
Blair Robes Recall

Blair Chenille Robes Recalled WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., announced a voluntary recall by Blair of 162,000 women's full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire. Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s. CPSC and Blair... Posted on October 15, 2009 at 01:09 pm

Rank This Week: 839

Insurance Defense Blog

Focuses on civil litigation defense. By Dave Stratton.

http://www.insurancedefenseblog.net/insurancedefenseblog/

Sep 5
On personnel evaluations

A fitness report doesn't need to be flowery or verbose to be effective, as this one by George S. Patton shows: Download Omar Bradley fitrep Posted on September 5, 2009 at 06:08 pm by David Stratton
Aug 25
Reviewing your law firm network security - a framework

I was asked by our managing partner to outline possible steps to enhance our network security, and I thought I would share them more widely. I. At the individual work station level 1. Use stronger passwords for system login, and change them quarterly. 2. Encrypt client files on laptops with Truecrypt, which is free, opensource and highly recommmended. www.truecrpt.org It would be possible to encrypt only the folder(s) that contain confidential materials. This would be protection not only... Posted on August 25, 2009 at 03:45 pm by David Stratton
Apr 21
Failure to order complete trial transcript results in dismissal of Virginia appeal of $8.3 million verdict

A simple clerical error -- failing to order the complete trial transcript -- resulted in the dismissal of the Virginia appeal of a $8.3 million verdict and also spawned two other lawsuits. These events and their consequences are worth reviewing, as many lawyers will have to admit "there but for the grace of God . . . ." A 17 year old girl sustained severe injuries, including brain injuries, when skiing in Virginia. Essentially she collided with a snow grading machine that was being driven up... Posted on April 21, 2009 at 09:52 am by David Stratton

Rank This Week: 856

Sound Evidence: E-Discovery...

Sound Evidence: E-Discovery Simplified

Covers forensics, metadata, preservation, privilege and voice recordings. By Discovery Resources.

http://soundevidence.discoveryresources.org/

Apr 28
Subprime - Buffett -750,000 pages per CDO squared security

Warren Buffett gives us a glimpse of the ediscovery impact of subprime litigaiton in this interviw in Fortune: Do you find it striking that banks keep looking into their investments and not knowing what they have? I read a few... Posted on April 28, 2008 at 05:15 pm
Apr 22
Super Collaborator Tom Mighell visits Portland

I'm looking forward to talking with Tom on his Northwest book tour. Coincidently, his book arrived before he did, so I could take a quick peek. I didn't need to look far to see the connection to the ediscovery world.... Posted on April 22, 2008 at 02:43 pm
Apr 20
Obliterate your hard drives

A frequently asked question (FAQ) on the speaker circuit is "How do I really make sure that my data is off my hard drive before I (donate, redeploy, retire) the system. Fortunately, the guys over at Computerworld Storage, David Ramel... Posted on April 20, 2008 at 06:54 pm

Rank This Week: 867

The Art of Advocacy

Covers courtroom techniques, topics include, depositions, direct examination, historic trials, professional growth, and training opportunities. By Baltimore, Maryland Trial Attorney, Paul Mark Sandler.

http://www.attorneyadvocacy.com/

Nov 3
Updated Statistics for Federal Courts

The US Courts updated their Judicial Facts and Figures to include 2008 numbers. Judicial Facts and Figures is a set of tables containing historical caseload data primarily for the fiscal years from 1990, 1995, 2000 and 2004 through 2008. The tables include data on the U.S. Courts of Appeals, the U.S. District Courts, and the U.S. Bankruptcy Courts. Posted on November 3, 2009 at 09:03 am by Paul Mark Sandler
Oct 22
Basic Tips for a Persuasive Argument

In The 12 Secrets of Persuasive Argument, JoAnne A. Epps, Ronald J. Waicukauski and I identify twelve fundamental issues in formulating an argument; some of which one tend to think about less than others. While most of us are aware of a few basic tips on successful arguments, like gathering appropriate, convincing evidence, focusing your goal, and maximizing delivery, it's also important to pay attention to some of the more subtle elements of your particular situation. Strategy involves more... Posted on October 22, 2009 at 09:58 am by Paul Mark Sandler
Oct 17
Litigation Magazine Reviews Anatomy of a Trial

I was pleased to see that Litigation Magazine reviewed Anatomy of a Trial and called it an "excellent book for trial lawyers, young and old alike." Many thanks to Mark A. Neubauer. Download file Posted on October 17, 2009 at 03:07 pm by Paul Mark Sandler

Rank This Week: 882

California Civil Litigation

Covers recent decisions of the California Courts that are of interest to the civil litigation practitioner. By Pamela Fasick.

http://californiacivillitigation.blogspot.com/

Oct 27
A Judgment Without Previous Notice of Lawsuit

I Was Informed There's a Judgment Against Me But I Never Heard of Any Lawsuit It's relatively unusual for a person who had no notice that they had been named as a defendant in a civil action to be informed that there is a civil judgment against them. Recently I prepared a general description of what a person who got that startling information might want to know. I have decided to share it here. There are general rules that apply to every civil lawsuit. The general rule is that a person must be... Posted on October 27, 2009 at 07:46 am by Pamela Fasick
May 11
Hospital's Suit For Reimbursement Is Not Preempted by ERISA

Court of Appeal Reverses a Judgment Sustaining a Demurrer by Blue Cross Coast Plaza Doctors Hospital v. Blue Cross of California (B205892, May 11, 2009) 11 p. According to the allegations in the complaint, a patient checked into an out-of-network hospital for previously scheduled surgery. Because the Hospital was out-of-network the patient made an advance cash payment for the surgery. The surgery went smoothly and is not at dispute in this litigation. However, a few days after the surgery the... Posted on May 11, 2009 at 06:20 am by Pamela Fasick
Apr 20
Life Insurance is Not Covered by the Consumer Legal Remedies Act

Supreme Court Affirms Decision But Narrows the Holding From All Insurance to Just Life Insurance Fairbanks v. Superior Court (April 20, 2009, S157001) 10 p. At the time that the Court of Appeal decision in Fairbanks came out I praised it for its thoroughness and suggested that the issue would not have to be revisited by the California courts anytime soon. I was completely wrong because the California Supreme Court granted review of the decision. Today the Supreme Court issued its opinion. A... Posted on April 20, 2009 at 08:56 am by Pamela Fasick

Rank This Week: 883

Fios, Inc.: Electronic Discovery...

Fios, Inc.: Electronic Discovery Podcasts

Covers electronic discovery . From Fios, Inc.

http://www.fiosinc.com/events/podcasts.html

Jun 13
Bridging the Gap: How lawyers and IT professionals work together for ED success

Conrad Jacoby, Esq. presented this webcast on Wednesday, 07 June 2006 | Description: Lawyers must increasingly rely on IT professionals to help them identify potentially relevant data repositories and implement collection strategies. However, effective communication can be a challenge, especially when each discipline attaches different meanings to the same words. This presentation reviews common communication bottlenecks and suggests ways to proactively build solid working relationships across... Posted on June 13, 2006 at 01:59 pm
Jun 13
The Electronic Discovery Reference Model: A Practical Framework for Dealing with the Demands of Digital Discovery

George Socha | Socha Consulting LLC presented this webcast on Wednesday, 17 May 2006 | Description: Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market-a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic Discovery surveys as a major concern for vendors and consumers alike. The completed reference model will provide a common, flexible and extensible framework... Posted on June 13, 2006 at 01:57 pm
May 10
How to Manage Emails in Accordance with Your Company's Records Management Program

Bruce A. Radke, Esq. and Timothy J. Carroll, Esq. | Vedder, Price, Kaufman & Kammholz, P.C. presented this webcast on Tuesday, 09 May 2006 | Description: This webcast will feature two of the nation's leading attorneys with respect to records management, e-discovery and email management issues, and will provide practical and proven strategies for: Best practices for creating, implementing and monitoring an effective records retention program; Extending the records management program to... Posted on May 10, 2006 at 12:09 pm

Rank This Week: 951

Expert Witness Blog

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

http://www.expertwitnessblog.com/

Nov 22
Police Procedures Expert Witness Testifies In Vancouver Gang Case

Jamie and Jarrod Bacon are facing 10 firearms charges stemming from the discovery of a secret gun compartment containing weapons the day after Jamie was wounded in a shooting outside the family's home. Defense lawyers for the Red Scorpion gang siblings are challenging the legality of the vehicle search as well as the police conduct in the Bacon house after the shooting and before the gun compartment was found. Police procedures expert witness Paul Vogt of the Canada Border Services Agency says... Posted on November 22, 2009 at 06:00 am
Nov 21
Jenzabar & Internet Expert Witness

techdirt.com has this to say about Jenzabar & Google metatags: Jenzabar Finds 'Expert Witness' Who Will Claim Google Relies On Metatags, Despite Google Saying It Does Not CEO of software company Jenzabar, Ling Chai, has sued the makers of a documentary about the Tiananmen Square uprising. Now, the company has gone even further. It's found an "expert witness" who will claim that metatags do, in fact, influence Google results, even as the company itself insists they don't. The guy in... Posted on November 21, 2009 at 06:00 am
Nov 20
Fire Expert Witness On What Fire Scene Responders Need To Know Part 2

In What Fire Scene Responders Need to Know in Tough Economic Times (Part 2), fire expert witness and Principal of Pyrocop Inc., Robert Rowe writes: For example, Maine State Fire Marshall John Dean told the Maine Public Broadcasting Network last month that he expects that the recession will continue to fuel the arson rate as more and more people face a loss of their property or find it difficult to pay their bills. These trends become more evident with the recent increase in gas prices and the... Posted on November 20, 2009 at 06:00 am

Rank This Week: 963

Illinois Lawyer Blog

Illinois Lawyer Blog covers personal injury and litigation topics such as civil procedure, healthcare liens, insurance, medical malpractice, and retaliatory discharge. By Chicago, Il Trial Lawyer, Mark P. Loftus.

http://www.illinoislawyerblog.com/

Nov 16
FUTURE PAIN & SUFFERING

Read an interesting case today on the issue future damages. In Maddox v. Rozek, the First District Appellate Court of Illinois was faced with an issue involving future damages. Specifically, after a verdict for plaintiff in an auto case, the defense appealed, arguing that the jury should never have received an instruction on future pain and suffering because their was no expert[i.e. doctor]witness who testified that plaintiff would have problems in the future. After surveying the law, the Court... Posted on November 16, 2009 at 09:46 pm
Nov 10
DON'T SEE THAT EVERYDAY...

This doesn't happen in Cook County very often. I had a hearing in a Courtroom with a judge who is universally well-regarded. This particular judge is a seasoned, thoughtful, conscientious man who understands the stress that lawyers occasionally have to endure. The case in question is a mass tort sort of thing. Let's leave it at that. In other words, lots of lawyers involved. The case was called and no less than 20 lawyers assemble before the bench. The Judge then announces to all that he wants... Posted on November 10, 2009 at 02:03 pm
Oct 26
TARGET HALLOWEEN FLASHLIGHT STARTS FIRE IN CHILD'S BED

Scary story in the Chicago Sun-Times last week involving about a toy flashlight. Midlothian resident Brandi Pavoni had purchased the flashlight at Target for Emily, her three year old daughter. The flashlight included Halloween-themed stencils that could slip over the bulb and be projected onto a wall. The flashlights are depicted below. Emily went down for a nap with the flashlight next to her. A couple of minutes later, Mom smelled smoke, rushed into Emily's room and saw smoke coming from her... Posted on October 26, 2009 at 11:44 pm

Rank This Week: 1008

Mark Wahlstrom's Settlement...

Mark Wahlstrom's Settlement Channel Blog

Offers news, commentary and educational content for settlement and legal professionals By Mark Wahlstrom.

http://www.thesettlementchannel.com/the-settlement-channel-blog/

Nov 16
Limping to the finish line, how bad will the 2009 numbers be?

As the structured settlement profession starts it's annual year end rush for business I'll be curious to see if we can close the gap in production in what has been a horrible year for the vast majority of brokers. As I related in an earlier post, most brokers and industry insiders estimate that the profession is off anywhere from 25% to 35% from 2009 compared to 2008, with various culprits jumping up to lay claim as to the cause of this decline: 1. The impact of American General and Hartford... Posted on November 16, 2009 at 08:47 am by The Settlement Channel
Nov 13
The FBI Broadens The Investigation of Scott Rothstein Structured Settlement Fraud

In yet more bad news for the structured settlement profession the FBI today put out an announcement for information from the public and investors who had been burned or involved with what they are calling the Rothstein Structure Settlement Investments. (RSSI). Scott Rothstein Great, just what we needed as a profession, more traffic and news with our trade name dragged into what looks to be a growing fraud in which the term Structured Settlements was used to lull investors into thinking this... Posted on November 13, 2009 at 10:03 am by The Settlement Channel
Nov 10
Rapid response to Scott Rothstein structured settlement debacle pays dividends

However the primary beneficiary of the response happens to be the commentators on The Legal Broadcast Network as opposed to the larger membership of the structured settlement profession. As our readers and viewers know, early last week a story started to percolate in the media that a major Florida law firm was about to be dragged into a scandal by it's well known and flamboyant partner, Scott Rothstein. While the story was big headlines and was related to a classic ponzi scheme by a guy who was... Posted on November 10, 2009 at 12:39 pm by The Settlement Channel

Rank This Week: 1012

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://donnabader.com

Nov 12
Joining forces with Consumer Attorneys of California

A few bloggers who support consumer rights are getting together to offer plaintiffs' attorneys a valuable resource and bundle of information. Here's the first post from H. Scott Leviant, who writes The Complex Litigator at www.thecomplexlitigator.com: George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the [...] Posted on November 12, 2009 at 07:28 am by dbader1
Nov 9
Objections in motions for summary judgment

In motions for summary judgment, the objecting party must either (1) submit objections in writing pursuant to California Rules of Court, rule 3.1354 or (2) make arrangements for a court reporter to be present at the hearing. (CRC, rule 3.1352.) I would always recommend in favor of preparing written objections. Written objections must be [...] Posted on November 9, 2009 at 04:01 pm by dbader1
Nov 2
The importance of objections

The importance of objections in preserving the record on appeal cannot be emphasized enough. To me, it is as important as saying "I do" during a wedding ceremony. Until you speak those two little words, the wedding cannot be completed. In a similar vein, until you object, you have not preserved the issue on [...] Posted on November 2, 2009 at 12:24 pm by dbader1

Rank This Week: 1023

The 10b-5 Daily

Covers securities class action litigation. By Lyle Roberts.

http://www.the10b-5daily.com/

Aug 14
Fatally Flawed

While it may be relatively easy to plead loss causation in the Fifth Circuit, things become a lot more difficult for plaintiffs when it comes time to offer proof. This week, in Fener v. Belo Corp., 2009 WL 2450674 (5th... Posted on August 14, 2009 at 08:52 pm by Lyle Roberts
Jul 31
Break In The Action

There will be no new posts on The 10b-5 Daily until after August 10.... Posted on July 31, 2009 at 09:02 pm by Lyle Roberts
Jul 30
NERA Releases Study on "Recent Trends in Securities Class Action Litigation"

NERA Economic Consulting has released a study entitled Recent Trends In Shareholder Class Action Litigation: 2009 Mid-Year Update. The study reaches the following notable conclusions: (1) There have been 127 cases filed in the first half of 2009, on pace... Posted on July 30, 2009 at 07:59 pm by Lyle Roberts

Rank This Week: 1076

Lawyer Hatton

Covers cases and topics of interest to solo or small firm practices. From Tennessee attorney Tim Hatton.

http://lawyerhatton.blogspot.com/

Jul 21
Arbitration in Consumer Contracts

I have had a long interest in the issue of whether arbitration should be compelled when the arbitration agreement is simply a part of the boilerplate in a contract for consumer goods or services. The Ohio Supreme Court has recently held that such contracts must be enforced, even when a specific statute grants the right to proceed in a class action or as a private attorney general. The case was Hayes v. Oakridge Home, Slip Opinion No. 2009-Ohio-2054. Ohio is one of the few states that have gone... Posted on July 21, 2009 at 04:57 am by Tim Hatton
Jun 17
Publicity

My client in the so-called "murder for hire" case that was featured on Nancy Grace a year or so ago entered a no contest plea this week. She will serve 15 days in the county jail and can serve the time on weekends. Pretty good outcome considering that she could have received 25 years in prison if found guilty as charged. There must have been a reporter in the courtroom since the entire plea exchange with the judge was printed up in the paper this morning. They got it correct for the most part,... Posted on June 17, 2009 at 02:25 pm by Tim Hatton
Jun 14
Traffic Cameras

Callers to my radio show continue to be intrigued by the issue of cameras installed at traffic lights and intersections so that you can be mailed a ticket for any infraction. A local city. Mt. Juliet, is considering installing them. I happened to wonder, just the other day, exactly how the photo could be admitted. After all, in order to admit a photograph, you have to elicit testimony that it accurately depicts the conditions at the time it was taken. In the case of an automated traffic camera,... Posted on June 14, 2009 at 02:22 pm by Tim Hatton

Rank This Week: 1082

ABA Section of Litigation: Online...

ABA Section of Litigation: Online Resources for Litigators

Periodic summary of articles and materials of interest to litigators.

http://www.abanet.org/litigation/

Jul 15
Can Email Create Personal Jurisdiction over a Foreign Defendant?

A recent Fourth Circuit Court of Appeals decision, finding that email and telephone communications are insufficient to establish personal jurisdiction over a foreign defendant in a lawsuit asserting tort and contract claims, is causing litigators to once again consider the importance of forum selection clauses. Posted on July 15, 2009 at 11:18 am
Jul 15
National Conference for the Minority Lawyer

September 24-25, 2009. Join us for the National Conference for the Minority Lawyer, sponsored by the ABA Business Law Section, ABA Section of Litigation and the Commission on Ethnic and Racial Diversity in the Profession. Posted on July 15, 2009 at 11:18 am
Jul 15
Advanced Workshop for Corporate Counsel: How to Get the Best Out of Alternative Fee Arrangements

Tuesday, August 11, 2009. In this economic downturn, everyone is talking about alternative fee arrangements and how to get the best value from their outside law firms. Posted on July 15, 2009 at 11:18 am

Rank This Week: 1084

Wines and Information Management...

Wines and Information Management (WIM)

In-house counsel blawg on e-disovery, the impact of IT on the law and vice versa, information/knowledge management and wines. By Dominic Jaar.

http://dominicjaar.blogspot.com

May 29
WIM migrates to Ledjit

To access Ledjit's blog, click here: Version fran&#xc3&#xa7aise: Posted on May 29, 2009 at 07:47 am
Dec 25
Joyeux Noel à tous!

Merry Christmas to everyone! Dj) Dominic Jaar Conseiller Juridique / Legal Counsel Conseils Ledjit / Ledjit Consulting T. 514.212.9348 F. 866.606.6590 W. www.ledjit.com Un Pont entre le Droit et les TI Bridging the Gap between IT and the Law Posted on December 25, 2008 at 04:39 am
Nov 17
Nouveautés au CAIJ : Développements récents et fils RSS

13 novembre 2008 Les D&#xc3&#xa9veloppements r&#xc3&#xa9cents du Barreau du Qu&#xc3&#xa9bec sont dor&#xc3&#xa9navant accessibles en ligne et sans frais sur le site Internet du CAIJ : www.caij.qc.ca Vous pouvez d&#xc3&#xa8s maintenant en consulter les textes int&#xc3&#xa9graux &#xc3 partir des outils de recherche de la Suite JuriBistroMD du CAIJ. Cet ajout confirme la mission du CAIJ de favoriser l'acc&#xc3&#xa8s &#xc3 l'information juridique pour tous les membres de la profession au Qu&#xc3&#xa9bec. <[www.caij.qc.ca]> Soyez inform&#xc3&#xa9 des nouveaut&#xc3&#xa9s... Posted on November 17, 2008 at 08:50 pm

Rank This Week: 1100

jurygeek

Covers jury issues, research, and verdicts. By Clay S. Conrad.

http://jurygeek.blogspot.com/

Apr 16
Testing the waters...

I'm thinking of blogging again. I'm inspired by Mark Bennett's Defending People, and I do believe that everyone is entitled to an opinion -- mine. So perhaps I should start sharing it again. However, I intend to be an occasional blogger -- when something gets my goat, I'll come out of my yurt and yak about it. Being from Harris County, Texas, my goat gets gotten frequently. Injustices tend to outnumber instances of justice. Yes, Justice is a vague term. But not so vague as some would think. And... Posted on April 16, 2009 at 12:19 pm
Apr 13
An Interesting Conversation on Rights, Powers, and Lies

Mark Bennett, a Houston criminal defense attorney, recently started a conversation on State's Rights. His position is that the State has no rights; the State has powers. While his examination of the subject has some flaws (he claims rights cannot be maintained using force, a statement I find questionable: if someone seeks to kill me, do I not have a right to defend myself, thereby maintaining my right to live through violent self-defense?) I think Mark touches on a very real issue, that I like... Posted on April 13, 2007 at 08:15 am
Nov 21
Definitional Shift -- Jury Reform Pt. II

It is amazing what the passage of time can do to the meaning of a word. Consider, for example, the simple word "jury." Article III, Sec. 2, the Sixth Amendment, and the Seventh Amendment all guarantee Americans the right to a jury in certain trial situations. And, clearly, the Founders had something specific in mind when they made these guarantees. A panel of governmental employees wouldn't qualify as a jury. Or would it? A panel of inquisitors certainly wouldn't qualify as a jury. Or would it?... Posted on November 21, 2006 at 09:32 am

Rank This Week: 1109

Moredata

Covers electronic discovery and evidence. By Ira P. Rothken.

http://www.moredata.com/home/

Mar 10
The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

The Sedona Conference&#xc2&#xae Working Group 1 recently published a Commentary on the issues of preserving, managing, and identifying not reasonably accessible electronically stored information or "NRA ESI". The result is a five-step framework for analysis and six Guidelines for making reasonable, good-faith assessments where no "bright line" rules exist. Ira P. Rothken is a co-editor of the above Sedona Conference Publication entitled Commentary on Preservation, Management and Identification of... Posted on March 10, 2009 at 09:17 pm by Ira P. Rothken
Apr 8
Cell Phone Electronic Discovery Devices

It used to be that there was some unwritten understanding amongst lawyers and judges (or so it seemed) that unless it was the absolute core evidence in the case that litigants did not need to go out and extract, analyze for relevance, and preserve cell phone data. Cell phone data sort of fell into the same category as voice mail messages in the world of corporate discovery - decentralized, burdensome, transient, hard to extract, hard to preserve, and in the case of voice mail who is going to... Posted on April 8, 2008 at 10:50 am by Ira P. Rothken
Feb 13
State E-Discovery Statutes

With all the hoopla over the revised Federal Rules dealing with electronic discovery one must not lose sight of the notion that the vast majority of cases in the United States get tried in state courts. While a number of states have used the Federal Rules as a guide a number of states have enacted statutes covering e-discovery issues. The K&L Gates e-discovery site recently published a useful list of current state e-discovery statutes - I found it helpful so I am reproducing the list below... Posted on February 13, 2008 at 06:10 am by Ira P. Rothken

Rank This Week: 1114

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/

Feb 6
Texas Supreme Court Orders 2/6/09

The Texas Supreme Court issued no opinions with this week's regular orders. Things have been very quiet lately. The Court has conferences scheduled for Monday and Tuesday of next week and again on February 23 and 24, so I suspect the floodgates will open and we'll have several new decisions before month's end. In other matters of interest, Chief Justice Jefferson is scheduled to give the "State of the Judiciary" address to a joint session of the Senate and House on Wednesday, February 11, at... Posted on February 6, 2009 at 07:21 am
Feb 5
Interlocutory Appeal After Final Judgment?

Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by statute until the interlocutory appeal is resolved, But sometimes the trial court renders a final judgment before then. What does one do in that situation? File an amended notice of appeal? No, says Isuani v. Manske-Sheffield Radiology Group, 802 S.W.2d 235 (Tex. 1991) (per curiam). Under this... Posted on February 5, 2009 at 08:01 pm
Feb 3
Third Court Upholds Future Mental Anguish Award

In Hyde Park Baptist Church v. Turner (No. 03-07-00437-CV), a case involving allegations that a young child suffered abuse at the hands of a church daycare worker, the Third Court of Appeals has affirmed a money judgment that included a significant award for future mental anguish. The Court rejected the church's no-evidence challenge to that award after determining that the church failed to preserve error by timely objecting to plaintiff's expert testimony as unreliable. The Court went on to... Posted on February 3, 2009 at 10:05 am

Rank This Week: 1122

The Uncivil Litigator

Ruminations of a trial lawyer. Covers law, politics and more.

http://uncivillitigator.blogspot.com

Nov 7
History

I don't how to describe what I just went through so I'm just going to spit out the simple facts as I recall them. I was in Nevada for the election, as a member of Obama's volunteer lawyer corps. Our mission was to monitor individual precincts for any election law irregularities or violations, up to and including the handling of the electronic voting machines after the polls were closed. This project was the brainchild of the Democratic National Committee as a direct result of the Bush-Gore... Posted on November 7, 2008 at 04:08 am
Oct 31
Obama or McCain?

I was at an airport this week, about to fly to Chicago for a business trip. A black airport employee spotted my "I Early Voted" sticker, approached me and asked, "Tell me straight, man: who'd you vote for, Obama or McCain?" Stunned for a second at his bluntness, I looked back at him and said, "Obama." I thought he might not believe me because of my hesitation, but he grinned and fist-bumped me. I picked up my bags and started to walk away, and after a few steps I turned around and forcefully... Posted on October 31, 2008 at 06:51 am
Apr 15
Analogies

What's a good analogy for the difference between being a litigator and in-house litigation counsel? Maybe: A litigator is like a sharpshooter, poised and hidden from sight with only one specific target in sight, with orders to shoot to kill without regard to the big picture. Just point, shoot, and kill. While the in-house lit manager is like a sergeant storming the beaches of Normandy, with shells and gunfire and grenades and body parts being flung at him from every direction, where the shells... Posted on April 15, 2008 at 07:49 pm

Rank This Week: 1135

Armillary Observations

Focuses on appellate law and military law.

http://hlime.wordpress.com

Jun 20
Disappearing Ice on Mars, According to NASA

Too exciting not to post about, NASA now believes what they thought might be ice-or salt-is, in fact, ice. NASA's press release is here. Whatever the substance is, the lander has found another hard layer at the same depth in a location to the right of this trench (aka "Snow White 1&#xe2€&#xb3). Enjoy the animated gif [...] Posted on June 20, 2008 at 03:32 am by H Lime
Oct 28
Lawyers that Game: Dianne Bonfiglio, Esq., aka, Hot Chief PMS

This interview is the first of a planned series of interviews of professionals - lawyers naturally among them - that are avid, earnest, unabashed gamers. I conducted this interview back in September, but a number of issues kept it from appearing on A.O. Without further ado, here's my interview with a remarkable attorney [...] Posted on October 28, 2007 at 05:58 pm by H Lime
Oct 3
Bioshock non-spoiler review (Verdict: Great game - buy it used)

"Why should the righteous suffer at the hands of the ignorant?" Because society usually ends up freaky-deeky, that's why. Thus speaks the lessons of Bioshock. Bioshock is a first-person shooter game with a great story. No, make that fantastic story. But ultimately with all stories, it ends, and you end up with little replay [...] Posted on October 3, 2007 at 07:33 am by Aidyn

Rank This Week: 1145

Daubert on the Web

Covers the law of expert evidence.

http://www.daubertontheweb.com/blog702.html

Jun 10
Today's Pet Writing Peeve

Off topic, but we have a bee in our bonnet Posted on June 10, 2008 at 12:00 am
Jun 7
No, We're Not Defunct

Just suffering from blogger ennui. Posted on June 7, 2008 at 12:00 am
Jan 20
11th Circuit Upholds Statistical Testimony in Medicare-Fraud Prosecution

See United States v. Rosin, No. 06-15538 (11th Cir. Jan. 16, 2008) (Black, Hull, Fay, JJ.). Posted on January 20, 2008 at 12:00 am

Rank This Week: 1147

Houston Litigation Blog

Covers civil trial issues in the South Texas and Gulf Coast area, including complex litigation, construction litigation and trial strategy. By McCormick Hancock Newton.

http://www.houstonlitigationblog.com/

Sep 13
The Importance of Trial by Jury

I recently read a speech given by Federal Judge William Young on the importance of our country's jury system. No where in the world does the citizenry have the right to play such a vital role in government. Unfortunately, our jury system is under attack from many different directions. It is often widely criticized by those who have no experience or familiarity with it. Even worse it is attacked by those special interests who seek to take advantage of those who most need the protections of it.... Posted on September 13, 2007 at 08:21 pm
Sep 3
Victory for the Construction Industry

Pending for almost two years, the Texas Supreme Court has finally issued an opinion in Lamar Homes v. Mid-Continent Insurance. A copy of the opinion can be found here. This case involves two important questions to the construction and insurance industries. The first is whether a construction defect can be an "occurrence" within the terms of a CGL policy when the only damage is to the building itself. The second question is whether a claim for a defense under an insurance policy is a "first... Posted on September 3, 2007 at 10:08 pm
Jul 26
Are Doctors Really Mistreated by Juries?

Here is a link to an interesting article published by the Michigan Law Review. www.michiganlawreview.org/archive/105/7/peters.pdf This article explores the widely held public view that jury verdicts in medical malpractice cases are unfair to doctors. Interestingly, research conducted over the last three decades indicates that just the opposite is true, juries tend to side with doctors even when the Plaintiff should win. This article discusses in depth research conducted over the last 30 years... Posted on July 26, 2007 at 09:13 pm

Rank This Week: 1171

Asset Search Blog

Covers asset searches, fraud investigations, and legal strategies for recovering hidden assets. By Fred L. Abrams.

http://www.assetsearchblog.com/

Nov 21
Asset Search News Roundup: November 22, 2009

This "Asset Search News Roundup" mentions the sentence of a former Louisiana congressman and the 14,700 U.S. taxpayers who sought partial amnesty form the IRS: A November 13th FBI press release explained that Former Louisiana Congressman William Jefferson was sentenced to thirteen years in prison for public corruption and other crimes. As I discussed at the August 11th "Asset Search News Roundup", the former congressman was found guilty of soliciting bribes and then hiding them through money... Posted on November 21, 2009 at 09:00 pm
Nov 18
Target Of Corruption Probe Sues Hip-Hoppers For Supposed Fraud

A complaint verified by Former Premier Michael Misick of the Turks and Caicos Islands, claims hip- hop pioneers David Mays and Raymond Scott breached the Z & M Media LLC operating agreement, at Exhibit "A". The Former Premier, Mr. Mays, Mr. Scott and others, are believed to hold ownership interests in Z & M Media, which is the operating company for the biweekly "Hip Hop Weekly Magazine". The complaint additionally seeks damages for more than a million dollars from Mr. Mays and Mr. Scott... Posted on November 18, 2009 at 09:00 pm
Nov 15
Asset Search News Roundup: November 16, 2009

A tax filing at the "Financials Page" of its website reveals that the Alavi Foundation had assets in 2007 with a fair market value of nearly $88 million. Federal prosecutors meanwhile, filed an amended complaint last Thursday against The Alavi Foundation. It sought asset forfeiture, as reported by Reuters, The New York Times and an FBI press release. According to these news accounts, the gravamen of the amended complaint is that the nonprofit Alavi Foundation allegedly concealed the Iranian... Posted on November 15, 2009 at 09:00 pm

Rank This Week: 1216

A Buffalo Lawyer

Random thoughts and helpful links and resources from Buffalo lawyer Jeremy Colby.

http://abuffalolawyer.blogspot.com

Nov 14
Desmond Inn of Court's Holiday Party

Is December 1, 2009 at the Saturn Club from 5:30-7:30. Posted on November 14, 2009 at 12:23 am by Jeremy A. Colby
Nov 4
http://www.midgettrealty.com/rental/house.html?User=MIDG9632&ID=471&Avail=20100822&Stay=7...

http://www.midgettrealty.com/rental/house.html?User=MIDG9632&ID=471&Avail=20100822&Stay=7 http://www.midgettrealty.com/rental/house.html?User=MIDG9632&ID=454&Avail=20100822&Stay=7 http://www.midgettrealty.com/rental/house.html?User=MIDG9632&ID=448&Avail=20100821&Stay=7 http://www.midgettrealty.com/rental/house.html?User=MIDG4589&ID=522&Avail=20100821&Stay=7... Posted on November 4, 2009 at 09:40 am by Jeremy A. Colby
Oct 29
Government attorneys gone wild!

Posted on October 29, 2009 at 06:15 am by Jeremy A. Colby

Rank This Week: 1242

ClassActionBlawg.com

Features class action news, commentary, and analysis. By Paul Karlsgodt.

http://classactionblawg.com

Nov 19
Sovereignty, Federalism and Class Actions

Daniel Wise of the New York Law Journal has an interesting article out today on a recent New York state court decision involving a complex dispute over assets of former Philippines dictator, Ferdinand Marcos, being held by Merrill Lynch in New York. The court ordered that the funds be paid to satisfy part of a $2 billion judgment awarded to class [...] Posted on November 19, 2009 at 07:39 pm by Paul Karlsgodt
Nov 12
Another Common Reliance Theory Fails in Colorado

In April, the Colorado Supreme Court decided Farmers Ins. Exchange v. Benzing, 206 P.3d 812 (Colo. 2009), in which it rejected the "fraud on the market" theory of reliance in a consumer class action. Now, Garcia v. Medved Chevrolet, Inc., No. 09CA1465 (Colo. Ct. App., Nov. 12, 2009), the Colorado Court of Appeals has rejected the [...] Posted on November 12, 2009 at 08:36 pm by Paul Karlsgodt
Nov 11
Bulletproof Blog Offers Expert Insight on Key Canadian Class Action Trend

In the latest installment of Bulletproof Blog's series on class action trends from the plaintiffs' perspective, Larry Smith interviews Canadian lawyer Won Kim. Kim discusses a recent Ontario court ruling that allows U.S. plaintiffs' firms to provide administrative support and legal expertise to their Canadian counterparts for class action litigation in Canada. For the complete [...] Posted on November 11, 2009 at 09:12 pm by Paul Karlsgodt

Rank This Week: 1272

ABA Litigation Podcast: Tips &...

ABA Litigation Podcast: Tips & Tactics for the Practicing Trial Lawyer

The Litigation Podcast delivers practical tips and tactics for all phases of trial – from pretrial case development to appellate argument. Brought to you by the Section of Litigation of the American Bar Association.

http://www.abanet.org/litigation/

Oct 7
Using Technology to Help Win the Trial and Appeal

Trial technology is evolving rapidly. Attorneys who wait to learn about it put themselves and their clients at a significant disadvantage. Posted on October 7, 2009 at 05:00 pm
Sep 2
Tips for Changing Jobs in the Current Market

Lawyers everywhere are dealing with layoffs and diminished job opportunities as a result of the current recession. In this episode of the Litigation podcast, Barbara Levenson, a veteran legal recruiter, offers some tips on navigating the current job market and asserts that job seekers still have options, albeit fewer ones. Posted on September 2, 2009 at 05:00 pm
Jul 15
How to Take a Deposition—Execution

"A deposition is not the place to wow everyone with your brilliance; depositions are about slowly accumulating information." In the latest episode of the Section of Litigation podcast Kenneth P. Nolan offers practical and insightful tips on the best way to take a deposition. Posted on July 15, 2009 at 05:00 pm

Rank This Week: 1349

Florida E-Discovery

Covers electronic discovery in Florida. By Tom Sadaka and Joel Rothman.

http://e-discoveryflorida.com

Jul 30
Legal Management: Top Ten E-Discovery Trends

From the article in Legal Management: 1. "E-discovery Teams" Are Coalescing 2. Early Case Assessments Become Mainstream 3. "Search" Goes Under the Microscope 4. E-discovery Moves In-House 5. Review Mantra: "Smarter Not Harder" 6. The Standard of Care Is Rising - Rapidly 7. ESI Expands Well Beyond E-mail 8. Custodial Data Increases by Orders of Magnitude 9. Automated Document Review 10. Vendors Struggle to Adapt to the Evolving Landscape To read the article, click here. Posted on July 30, 2008 at 06:09 am by Joel
Jul 24
iPhone Forensics book

iPhone Forensics: Recovering Evidence, Personal Data & Corporate Assets is a new book from O'Reilly Media that "gives IT professionals, security personnel, and law enforcement the knowledge needed to conduct forensic analysis of an iPhone." This book shows the reader how to recover sensitive information from the device and perform disaster recovery, and walks the reader through various scenarios for recovering different types of information. With this guide, the reader will be able to... Posted on July 24, 2008 at 06:53 am by Joel
Jun 9
Two new e-discovery cases

Two new cases summarized over at K&L Gates Electronic Discovery Blog: Production of Privileged ESI Effected Waiver: Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008 and Party that Sought Metadata Only After Production of Document in .PDF and Paper Formats Not Entitled to Native Production: Autotech Techs. Ltd. P'ship v. Automationdirect.com, Inc., 248 F.R.D. 556 (N.D. Ill. 2008). Posted on June 9, 2008 at 10:20 pm by Joel

Rank This Week: 1379

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/

Nov 19
Georgia Criminal Defense Lawyer Acquitted of Money Laundering, Drug Conspiracy, and Attempted Bribery

Yesterday a jury found Georgia criminal defense attorney J. Mark Shelnutt not guilty on all counts. He was acquitted of money laundering, drug conspiracy, and attempted bribery. Three weeks ago, the Eleventh Circuit Court of Appeals, which hears appeals from cases in Georgia, Florida, and Alabama, decided U.S. v. Velez in favor of the defendant. That case involved a money laundering charge against a criminal defense attorney under 18 U.S.C. &#xc2&#xa7 1957. Shelnutt was prosecuted under 18 U.S.C. &#xc2&#xa7... Posted on November 19, 2009 at 12:11 pm
Nov 17
Eleventh Circuit Remands Livesay for Resentencing… Again

Yesterday, the Eleventh Circuit Court of Appeals issued its fourth opinion regarding the federal sentencing of Kenneth Livesay, former chief information officer for HealthSouth Corporation. The Court has insisted that Livesay must serve time in prison for his role in the accounting fraud at HealthSouth. We are disappointed in the Court's decision, because in our view, the sentence was supported by the Supreme Court's decision in Gall v. United States. Prior to 1999, Livesay was an assistant... Posted on November 17, 2009 at 12:31 pm
Nov 13
Federal Sentencing Guidelines Amendments Part III: Alternative Sanctions to Prison

Ed. Note: Last week, the U.S. Sentencing Commission's 2009 Amendments to the federal Sentencing Guidelines went into effect. Once a week this month, we will post an analysis of some of the more important changes to the Guidelines. The Sentencing Commission's reader-friendly guide to the 2009 amendments is available here. The Sentencing Commission has made it clear that judges now have more specific authority to impose sentencing options other than simply putting the defendant in prison. The... Posted on November 13, 2009 at 06:24 am

Rank This Week: 1442

Perlmutter & Schuelke, LLP...

Perlmutter & Schuelke, LLP Blog

Litigation and injury news, cases and commentary. From Texas Trial Attorneys Perlmutter & Schuelke, LLP.

http://www.civtrial.com/blog/

Nov 18
Troubling Stats: Not Having Health Insurance Just Might Kill You

Yesterday's Los Angeles Times (http://www.latimes.com) reported on a Harvard University study that found insurance might be a difference of life... Posted on November 18, 2009 at 12:06 am
Nov 16
San Antonio Accident Shows Need For Trench/Excavation Safety on Job Sites

A San Antonio construction worker was killed (http://www.mysanantonio.com/news/local_news/70127957.html) Saturday while working in a ditch. The worker and others were... Posted on November 16, 2009 at 12:38 am
Nov 6
What Does The Department Of Transportation Think Of I-35?

I am currently working on a case involving several deaths that occurred on a dangerous stretch of roadway. As... Posted on November 6, 2009 at 02:06 am

Rank This Week: 1452

Electronic Discovery and Evidence

Offers a digest of cases, comments and other matters relating to electronic discovery and electronic evidence. By Michael Arkfeld.

http://arkfeld.blogs.com/ede/

Sep 10
3rd Party's Deletion of Computer Files Referred to US Attorney for Possible Criminal Contempt

Penalties for the spoliation of ESI in a civil case has just taken on a new dimension with the recent decision by a Court to refer a 3rd party's conduct to the United States Attorney for possible criminal contempt proceedings. SonoMedica, Inc. v. Mohler, 2009 U.S. Dist. LEXIS 65714 (E.D. Va. July 28, 2009). In this wrongful conveying of medical technology case, two individual's computers were subpoenaed for examination and the Court ordered the parties to turn over their home computer "without... Posted on September 10, 2009 at 09:08 am by Michael Arkfeld
Aug 2
Defendant’s Loss of Electronic Information Was Sanctionable Due to Information Management Practices

Phillip M. Adams & Assocs. v. V., No. 05-64, 2009 U.S. Dist. LEXIS 26964 (N.D. Utah Mar. 30, 2009). In an action involving claims of misappropriation of trade secrets, plaintiff filed a motion to sanction defendant for spoliation based on defendant's failure to produce discovery, where a large number of documents were lost as a result of defendant's information management practices. The court noted that there did not appear to be any backup system or data backup policy. Instead, employees... Posted on August 2, 2009 at 06:21 pm by Michael Arkfeld
Jul 10
The Stunning Impact of E-Discovery on IT

The Stunning Impact of E-Discovery on IT. "Since more than 95 percent of all information is electronic and it's estimated that upwards of 97 billion emails are sent each day, it is no wonder that every lawsuit has electronic evidence. All IT shops protect themselves from disaster with the knowledge that every computer will fail, but computer systems are not designed to provide easy access for lawyers and judges. . . . " Posted on July 10, 2009 at 06:11 am by Michael Arkfeld

Rank This Week: 1517

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges.. Edited by Robert W. Kelley.

http://www.juryblog.com

May 14
“Hearing About” Murder Case Not Enough for Cause Challenge

Yesterday the Fourth District Court of Appeal upheld the trial court's denial of a challenge for cause directed at a potential juror in a case involving murder-for-hire. In Samuels v. State, __ So. 2d __ (Fla 4th DCA, May 13, 2009), the Court reaffirmed the longstanding rule that if there is any reasonable doubt about a juror's ability to render an impartial verdict the juror should be stricken for cause. As noted by the Court, close cases on this issue should be resolved in favor or excusing... Posted on May 14, 2009 at 09:00 am by Bob Kelley
Apr 20
Maximizing The Power of Peremptory Strikes

The law concerning the use of peremptory challenges in jury selection has been changing in recent years. There is a vast difference between Florida law and Federal law in this area. While "Cause is Still King," the effective use of peremptory challenges can make or break the outcome of a trial. As Justice Adkins wrote in the seminal case of Ter Keurst v. Miami Elevator Company, 486 So. 2d 547 (Fla. 1986), "In the trial of a case the jury selection and voir dire examination are just as critical... Posted on April 20, 2009 at 06:02 am by Bob Kelley
Apr 15
SCOTUS Upholds Verdict of Improper Foreperson

Late last month the United States Supreme Court upheld the murder conviction of a man, Michael Rivera, who was convicted by a jury whose foreperson, Deloris Gomez, was improperly allowed to sit on the jury. Rivera v. Illinois, 556 U.S. __ (2009). During jury selection, Rivera's attorney properly attempted to use one of his peremptory strikes against Gomez, but the trial judge wrongfully refused to allow the strike, erroneously believing the challenge was discriminatory since Gomez was a black... Posted on April 15, 2009 at 05:31 am by Bob Kelley

Rank This Week: 1536

The Legal Underground Podcast

Podcast of legal news, politics, and whimsy from Evan Schaeffer's Legal Underground, where lawyers are rarely taken as seriously as they'd like.

http://www.legalunderground.com

Feb 23
The Legal Underground's Law-Related Things That Suck for January 27, 2005

The Legal Underground's Law-Related Thing That Sucks: Getting Yelled at by a Judge Posted on February 23, 2009 at 06:40 am by Evan Schaeffer
Jan 7
Legal Underground #51: Advanced Deposition Techniques, Part 3

On Episode #51: It's the last of a 3-part series on Advanced Deposition Techniques. On Part 3: Miscellaneous Tips for Expert Depositions. Includes the world's shortest expert deposition outline, preparing for an expert's deposition by looking ahead to the cross-examination at trial, and 5 ways to hit a home run with an expert's CV. Running time: 10 minutes. Posted on January 7, 2007 at 10:09 am by Evan Schaeffer
Jan 7
Legal Underground #51: Advanced Deposition Techniques, Part 3

On Episode #51: It's the last of a 3-part series on Advanced Deposition Techniques. On Part 3: Miscellaneous Tips for Expert Depositions. Includes the world's shortest expert deposition outline, preparing for an expert's deposition by looking ahead to the cross-examination at trial, and 5 ways to hit a home run with an expert's CV. Running time: 10 minutes. Posted on January 7, 2007 at 10:09 am by Evan Schaeffer

Rank This Week: 1542

The Trial Technologist's View

Covers software and hardware tips for the legal industry.

http://www.litigationdynamics.net/blog

Sep 14
What to Pack for Trial - Video [2 of 5]

ATTENTION: Please Update your links! URL: www.TrialTechView.com The first group that I'm going to review in detail is the "Video". This group consists of: (2) projector (2) projector stand screen VGA splitter (5) 15&#xe2€&#xb3 LCD monitor Projector (2) - Sanyo PLC-XP57L Earlier this month I did a detailed review which you can find here. For the backup projector we normally include a projector from Toshiba's TLP line, they have built in document cameras, so it's like getting an ELMO and projector built... Posted on September 14, 2007 at 12:54 pm by admin
Sep 14
ATTENTION: Moving to TrialTechView.com please update

After a month of being in the blogging world I've decided I'm hooked and got a domain for the blog. Also changed the layout a tad bit. Could everyone please update their feeds and blogrolls? [www.TrialTechView.com] RSS: http://trialtechview.com/?feed=rss2 Thanks! Blake Posted on September 14, 2007 at 06:46 am by admin
Sep 11
What To Pack For Trial [1 of 5]

Last weekend I helped pack the equipment needed to run a week long trial presentation we started monday morning. Here's what I send our trial tech's out with if the courthouse has no built in technology. This list does vary depending on the size, duration and requirements of different trials. Below is our basic setup. Video (2) projectors (2) projector stands screen VGA splitter (5) 15&#xe2€&#xb3 LCD monitors Audio speakers 25&#xe2€&#xb2 audio extension cable earphones Cables projector power cable power cables... Posted on September 11, 2007 at 12:02 pm by admin

Rank This Week: 1616

Virginia Injury Lawyer Blog

Provides trial & litigation, and injury & accident news, resources and commentary. By Doug Wessel.

http://www.virginiainjurylawyerblog.com/

Jan 6
PARENTS BEWARE: INFANT SEATS FAIL IN SIDE-IMPACT CRASHES

According to Consumer Reports, car seats for infants (the rear-facing seats for infants up to about one year in age) usually fail in broadside crashes -- 10 of 12 models tested failed, some "disastrously" (the seat often separated completely from its base). One popular model -- the Evenflo Discovery -- failed not just in broadside collisions but also in head-on collisions. One possible explanation for the failures: the manufacturers are only required to test infant seats in head-on collisions,... Posted on January 6, 2007 at 01:05 pm by Doug Wessel
Jan 3
TO PERSONAL-INJURY VICTIMS AND PAIN-SUFFERERS -- OVER-THE-COUNTER PAINKILLERS CAN BE HARMFUL

If you -- like many personal-injury victims -- are taking over-the-counter (OTC) pain medications, you need to be aware of new proposed FDA (Food and Drug Administration) warnings. On January 2, 2007, the Washington Post reported that the FDA has proposed stronger warning labels on over-the-counter "painkiller" medications, especially because of the risk of liver and stomach damage. These warnings would apply to all OTC medicines containing acetaminophen and nonsteroidal anti-inflammatory drugs... Posted on January 3, 2007 at 01:32 pm by Doug Wessel
Jan 3
WHY ARE THERE NO MEDICATION ERRORS IN VIRGINIA WHEN MEDICATION ERRORS KILL OR INJURE 1.5 MILLION AMERICANS EVERY YEAR?

In another post to this Blog, I lamented both the bias against any plaintiff and the especial bias against any plaintiff suing a doctor or hospital for medical negligence: Virginia's not being on this list of "judicial hellholes" is no surprise to Virginia judges or the trial lawyers for the plaintiff and defense. Each of them knows that an injured plaintiff in Virginia has one hand tied behind his back and two strikes against him when he first comes to bat in court. Candidly, this does not... Posted on January 3, 2007 at 01:30 pm by Doug Wessel

Rank This Week: 1647

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog

Nov 23
Leading Ruling Highlights Three Types Of Metadata

639645_hard_drive.jpg After initial requests for metadata were not made by the plaintiffs, and the parties were unable to resolve their differences in "meet and confer" meetings, the court compels the production of metadata if the plaintiffs paid the costs since discovery production had been nearly completed, in Aguilar v. Immigration and Customs Enforcement Div. of U.S. Dept. of Homeland Sec., 255 F.R.D. 350 (S.D.N.Y. 2008) (No. 07 Civ. 8224 (JGK)(FM)) Read more Posted on November 23, 2009 at 01:48 am by Editor
Nov 20
No Presumptive Time Limits Apply to FRE 414 Prior Child Molestation Evidence

10thCir-Denver.jpg In a trial involving aggravated sexual abuse of a minor in Indian country, evidence of the defendant's prior child molestation convictions, over 20 to 40 years earlier, was admissible under FRE 414 despite the lapse of time between the prior offenses and the current charged conduct because the strong similarity of the incidents made them relevant, in United States v. Benally, 500 F.3d 1085 (10th Cir. Aug. 29, 2007) (No. 06-4173) Read more Posted on November 20, 2009 at 12:32 am by Editor
Nov 19
FRE 603 Oath Requirement And FRE 601 Witness Competency Requirement Fulfilled For Juvenile Witness

Tenth Circuit Courtroom.jpg Presumption of witness competency under FRE 601 applied to 13-year old victim testifying about sexual assault; Oath requirement under FRE 603 was fulfilled by questions that the witness "understood she had promised to tell the truth" and that she appreciated "the difference between a truth and a lie" and "knew that she was to tell the truth in court" and would be "punished if she told a lie," in United States v. Allen J., 127 F.3d 1292, 1295-96 & n.3 (10th Cir.... Posted on November 19, 2009 at 01:09 am by Editor

Rank This Week: 1692

The Legal Costs Blog

Covers English legal costs law. By Gibbs Wyatt Stone.

http://www.gwslaw.co.uk/blog/

Nov 22
Market forces in setting hourly rates

Lord Justice Jackson's Preliminary Report on civil costs raises a number of concerns about whether any proper market forces operate in relation to lawyers' hourly rates in personal injury claims: "For the claimant personal injury market in particular, where the majority of work is conducted under conditional fee agreements, the chargeable hourly rate recoverable in costs assessments will usually provide the benchmark for the chargeable hourly rate to the client (in respect of base costs).... Posted on November 22, 2009 at 09:00 pm by Simon Gibbs
Nov 17
The legal costs song

Surprisingly, legal costs is not a subject that many of the world's great songwriters have chosen to deal with. You can therefore imagine how exited I was to come across the following: (If you receive the Legal Costs Blog via email you made need to adjust your security settings to view the video.) Posted on November 17, 2009 at 09:39 pm by Simon Gibbs
Nov 15
Cheaper personal injury claims?

Recent articles in the Law Gazette have expressed concern about the practice of "third-party capture" where insurers approach accident victims directly in an attempt to agree damages without the involvement of claimant solicitors. Claimant lawyers argue that insurers try to settle these claims below their true value and that without their involvement justice will not be done. On a related issue, I recently came across an article by David Marshall that produced a number of statistics in support... Posted on November 15, 2009 at 09:44 pm by Simon Gibbs

Rank This Week: 1702

EvidenceProf Blog

By Professor Colin Miller.

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

Nov 22
Summary Judgement: First Circuit Finds Summary Evidence Summarizing Testimony Admissible Under Rule 1006 In Tax Appeal

Federal Rule of Evidence 1006 provides that The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be... Posted on November 22, 2009 at 10:59 am by Evidence ProfBlogger
Nov 21
Double Impact: Article Reveals That Indiana Precludes Victim Impact Statements In Cases Where The Death Penalty Or Life Without Parole Could Be Imposed

I have written several posts on this blog about the ever controversial topic of victim impact statements (previous posts can be found here, here, here, here, here, here, and here). Those posts have dealt with topics such as the type... Posted on November 21, 2009 at 05:58 am by Evidence ProfBlogger
Nov 20
Judge Advocate?: Court Of Appeals Of Ohio Finds Judge Didn't Abuse Discretion By Asking 89 Questions To Witness In Domestic Violence Trial

Federal Rule of Evidence 614(b) provides that "[t]he court may interrogate witnesses, whether called by itself or by a party." Similarly, Ohio Rule of Evidence 614(B) provides that "[t]he court may interrogate witnesses, in an impartial manner, whether called by... Posted on November 20, 2009 at 07:39 am by Evidence ProfBlogger

Rank This Week: 1728

Vegas Litigator Blog

Focuses on litigation and related issues of interest. By Donald C. Kudler.

http://vegaslitigator.com/blog

Nov 22
Twitter Weekly Updates for 2009-11-22

Cap and Kudler have issued a press release at http://bit.ly/41aw1L. # Allen Cap has just posted another article at DistributeYourArticles.com http://bit.ly/37jJay. # Kiva Loan:Eang Oum from Cambodia. Needs $600. Fund this loan: http://bit.ly/1EvwV9 via @kivaalerts # Powered by Twitter Tools [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 22, 2009 at 01:00 am by admin
Nov 15
Twitter Weekly Updates for 2009-11-15

Here's an interesting video showing how the Republican's "argue" their case for Tort Deform: http://bit.ly/BnLH0. # Kiva Loan:Gustavo Alejandro Mej&#xc3&#xadRodr&#xc3&#xadez from Nicaragua. Needs $400. Fund this loan: http://bit.ly/19ZqDI via @kivaalerts # Donald Kudler was a guest speaker at Canyon Springs High School on Torts on Friday November 13, 2009. It was a great experience . [...] [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 15, 2009 at 01:00 am by admin
Nov 8
Twitter Weekly Updates for 2009-11-08

Donlad Kudler was interviewed by ex-CNN reporter, Carolina Cayazzo. See the video at http://bit.ly/2eqvu5. # Kiva Loan:Massan Domi from Togo. Needs $700. Fund this loan: http://bit.ly/2EM29R via @kivaalerts # Powered by Twitter Tools [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 8, 2009 at 01:00 am by admin

Rank This Week: 1751

Litigation and Trial - Max...

Litigation and Trial - Max Kennerly

Covers topics related to civil litigation. Published by Maxwell S. Kennerly, Esq. of the Beasley Law Firm, LLC.

http://www.litigationandtrial.com/

Nov 21
Partial Judicial Immunity Granted To Corrupt Luzerne County Judges

Following up on my post of two weeks ago on judicial immunity in the "kids for cash" Luzerne County scandal, Judge Caputo of the Middle District of Pennsylvania issued his ruling yesterday, which holds in pertinent part: For judicial immunity to apply, only two requirements need to be met: jurisdiction over the dispute, and a judicial act. As to the first, a judge is not immune only when he has acted in the "clear absence of all jurisdiction." Stump 435 U.S. at 349 (citation omitted). Second, a... Posted on November 21, 2009 at 02:36 pm
Nov 15
Are You Being Properly Joined And Served? Plaintiffs Are Winning The 28 U.S.C. § 1441(b) Removal Debate

"Removal" is the process by which a defendant in a state court case "removes" the case to federal court. 28 U.S.C. &#xc2&#xa7 1441(b) makes it sound so simple: Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly... Posted on November 15, 2009 at 06:18 pm
Nov 12
The Simple Solution To Judicial Immunity In The Luzerne County Corruption Case

Ashby Jones at the Wall Street Journal reports on absolute judicial immunity: In January, federal prosecutors filed fraud charges against Mark A. Ciavarella and Michael T. Conahan, judges on the Luzerne County, Pa., Court of Common Pleas. Prosecutors alleged that the judges sent numerous juveniles to detention centers over several years in exchange for more than $2.6 million in kickbacks from the former co-owner of two centers. After the criminal charges, several lawyers filed civil suits... Posted on November 12, 2009 at 07:06 am

Rank This Week: 1778

PSW Law Blog

Covers civil litigation, family law and contracts. By Pei-Shing Wang.

http://www.pswlaw.ca

Nov 21
Black Friday Special: What to Buy for…

Friday November 27, 2009 is Black Friday, the unofficial day when the holiday shopping season starts. To mark this occasion and to assist you with making your purchasing decisions, my good friend Grace and I have come up with a holiday gifting guide, which I'll share with you below: Mom G: discount cardigan P: Weight Loss for [...] Posted on November 21, 2009 at 07:17 am by Pei-Shing Wang
Nov 20
A Brief Note on the Disability Tax Credit - and How to Get It

The Disability Tax Credit is a non-refundable income tax credit under the Income Tax Act. The tax credit is administered by the Canada Revenue Agency (CRA), and is not affialiated with other federal or provincial programs, such as the Ontario Disability Support Program (ODSP) or the Canada Pension Plan (CPP). Therefore, receiving disability benefits from any [...] Posted on November 20, 2009 at 10:53 am by Pei-Shing Wang
Nov 20
Tech Review: Amazon’s Kindle e-Book Reader

Disclaimer: This article is provided for information, review, and educational purposes. The author does not necessarily endorse the services. All trademarks belong to their respective owners. Graphic courtesy of Amazon.com, all rights reserved. On November 17, 2009, Amazon.com announced that their popular electronic reading device became available for shipping to Canada. Two days later, I managed [...] Posted on November 20, 2009 at 10:14 am by Pei-Shing Wang

Rank This Week: 1804

Minnesota Litigator

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

http://www.minnesota-litigator.com/

Nov 20
Fair Isaac: Now it is on to the appeal....

In a large lawsuit covered in this blog previously here (discovery deadline dispute), here (technology in the courtroom), and here (rejected evidence of document destruction), the jury has returned a defense verdict. The jury also reportedly found that Fair Isaac knowingly made a false representation of fact when applying for its trademark of it 300-850 scoring range. (The consequences of this are outside my area of practice and outside the subject matter of this blog but this is an area... Posted on November 20, 2009 at 11:19 pm by Seth Leventhal
Nov 19
Boylan Order on ESI and Native Production

Electronic discovery ("ESI"= electronically stored information) is a fact of life for almost all civil litigation but there are forces at work (technologically ignorant litigators and unbelievable potential expense for "full-scale" electronic discovery, for example) that limit the scope of such discovery in many cases. That said, the technological sophistication of trial lawyers increases constantly and cost competition in the "e-discovery" business (that is, lower cost) is inevitable (not to... Posted on November 19, 2009 at 02:11 am by Seth Leventhal
Nov 18
FBA Luncheon: Mag. Judge Janie Mayeron's 20/20 Hindsight on Private Practice

The Federal Bar Association November lunch today featured the Honorable Janie S. Mayeron (U.S. Mag. Judge, D. Minn.): "What I Know Now That I Should Have Known (a/k/a Wished I Had Known) Then: The Judge's Observations (with 20/20 Hindsight) of the Practicing Lawyer." Judge Mayeron's address covered five areas of litigation she deals with: Pretrial Conference Motions and Oral Argument Sanctions Protective Orders Settlement Conferences A substantial amount of the points Judge Mayeron raised were... Posted on November 18, 2009 at 08:53 am by Seth Leventhal

Rank This Week: 1838

The 10b-5 Daily

News, commentary and events related to securities class action litigation. By Lyle Roberts of LeBoeuf, Lamb, Greene & MacRae LLP.

http://www.the10b-5daily.com/

Nov 20
Applying The PSLRA

A mere fourteen years after the passage of the Private Securities Litigation Reform Act, litigation over the meaning of the various procedural provisions continues. Two recent cases highlight disputes over the role of the court in the selection of lead... Posted on November 20, 2009 at 06:58 pm
Nov 13
Marsh & McLennan Settles

Marsh & McLennan Companies, Inc. (NYSE: MMC), a global professional services firm, has announced the preliminary settlement of the securities class action pending against the company in the S.D.N.Y. The case was originally filed in 2004 and is based on... Posted on November 13, 2009 at 08:26 pm
Nov 6
Around The Web

A couple of interesting items from around the web. Pay To Play - In the context of securities litigation, "pay to play" is when lawyers compete to be selected as class counsel for public entities serving as lead plaintiffs in... Posted on November 6, 2009 at 08:32 pm

Rank This Week: 1851

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/

Nov 20
New Law Review Articles

Thompsons, Brooke A. Note. Crimimal Law the Supreme Court expands the Witt Principles to Exclude a Juror Who Would Follow the Law. (Uttecht v. Brown, 127 S. Ct. 2218, 2007) 30 U. Ark. Little Rock L. Rev. 845-883 (2008). Gulmen, Tolga S. Note. Model Jury Instructions on Nonobviousness in the Wake of KSR: the Northern District of California's Approach. (KSR International Co. v. Teleflex Inc. 127 S. Ct. 1727, 2007) 24 Berkeley Tech. L. J. 99-128 (2009). Posted on November 20, 2009 at 12:48 pm by Thaddeus Hoffmeister
Nov 19
Jurors and the Internet

As some of you may know, the American Society of Trial Consultants publishes The Jury Expert, a bimonthly journal about stories related to litigation and understanding jurors. This month's edition has an excellent article (one of the best to date) on the impact of the internet on jury service. Online and Wired for Justice: Why Jurors Turn to the Internet Trials have been disrupted due to the internet as far back as 2001 but we are seeing a dramatic rise in frequency and media coverage. It isn't... Posted on November 19, 2009 at 01:00 am by Thaddeus Hoffmeister
Nov 18
OH SCT Hears Case on Hearing Impaired Juror

Hearing impaired juror at center of argument before Supreme Court justices Among the arguments heard by Supreme Court of Ohio justices during the morning of Tuesday, November 17th, at the Ohio Judicial Center, the state defended an Ottawa County Common Pleas Court decision to seat a hearing-impaired juror against the will of a defense lawyer in a 2007 jury trial. Despite the claims of Scott Speer, who was subsequently convicted on a merged charge of aggravated vehicular homicide and sentenced... Posted on November 18, 2009 at 03:37 am by Thaddeus Hoffmeister

Rank This Week: 1905

e-Lessons Learned

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

http://ellblog.com

Nov 20
GPS Units: Not Just for Driving Directions Anymore

Officer Keith James of the Coronado Police Department's Task Force spotted Vincent Franklin Bennett's boat travelling north near the U.S.-Mexico border on January 27, 2000. Upon boarding Bennett's boat in San Diego Bay the officers noticed that the registration information did not match the boat, that the boat was riding extremely low in the water and there was a new high performance in the boat which provided space which the officers could not account for. Also, after boarding the officers... Posted on November 20, 2009 at 12:22 pm by Fernando M. Pinguelo
Nov 10
UPCOMING EVENT: HBANJ Corporate Counsel Roundtable Series

The Hispanic Bar Association of New Jersey invites you to attend its third annual CORPORATE COUNSEL ROUNDTABLE SERIES NOVEMBER 17, 2009 New Jersey Performing Arts Center | Newark, NJ | 8:30 a.m. to 1:00 p.m. View the Roundtable Invite In 2007, The Hispanic Bar Association of New Jersey (HBA-NJ) established the Roundtable Series to provide substantive, continuing legal education programs to the legal and business communities at large. The Roundtable Series showcases talented professionals in the... Posted on November 10, 2009 at 08:53 am by Fernando M. Pinguelo
Nov 4
Data Retention Policies – Not Just a Method for Keeping Documents

Imagine you are an executive of a computer company that keeps experiencing defects in what is known as a floppy disk controller (FDC), a part in most personal computers. You decide that a technology needs to be developed to detect and resolve these defects. But someone else has already developed similar technology. However, even more alarming is that the computer company has a limited information management and data retention policy. Dr. Philip Adams found himself in this precarious situation... Posted on November 4, 2009 at 12:03 pm by Fernando M. Pinguelo

Rank This Week: 1913

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/

Nov 20
Lawsuit Funding: Financial Lifesaver for Personal Injury Victims

Lawsuit Funding companies do what no one else will do. Banks won't do it; a traditional finance company won't either. Payday advance companies won't do it and your lawyer can't do it. What am I taking about? You know what I am talking about. Litigation funding companies provide cash-strapped personal injury victims immediate financial assistance. If you have suffered a serious accidental injury, you may be disabled from working now, and maybe, for the foreseeable future. Do your creditors care... Posted on November 20, 2009 at 06:45 am by Mark Bello of Lawsuit Financial Corp.
Nov 13
Ford Driving Skills For Life: A Program to Improve Teen Safety

The National Highway Traffic Safety Administration (NHTSA) estimated that distracted driving may contribute up to 80 percent of auto accidents, and nearly 6,000 teens die annually in such accidents. Driving while texting (DWT) has become a major concern especially with teenagers, but there are many other distractions equally as dangerous such as talking on a hand-held phone, talking on the phone using an earpiece, eating or drinking while driving, changing the radio station, reading a map,... Posted on November 13, 2009 at 08:32 am by Mark Bello of Lawsuit Financial Corp.
Nov 13
Traumatic Brain Injuries Kill Two in Separate Indianapolis Accidents

Within a day of each other, two Indianapolis men have died after suffering traumatic brain injuries. On November 11, David Jansen was fatally injured. Jansen was working on a large piece of equipment when his head got caught in the machine. No one witnessed the accident so it is uncertain whether Mr. Jansen slipped and fell, became entangled in the equipment, or had a medical condition that caused him to fall into the equipment. On November 12, Manuel Maldonada was in a minor auto accident.... Posted on November 13, 2009 at 08:02 am by Mark Bello of Lawsuit Financial Corp.

Rank This Week: 1989

Winning Trial Advocacy Techniques

Reveals the secrets for persuading jurors and winning more jury trials. By Elliott Wilcox.

http://www.trialtheater.com/wordpress

Nov 20
Sources for Closing Argument Stories

During closing argument, you want to drive your arguments home to the jury. It's not persuasive to merely say, "The witness is wrong because she's biased." You need to be able to help the jurors understand how that bias affected her testimony and why they shouldn't believe her. Before you start preparing your next closing argument, start collecting the stories and analogies that will help you persuade the jurors. Here are nine resources to help you develop persuasive closing argument material:... Posted on November 20, 2009 at 03:30 am by Elliott Wilcox
Nov 13
Eliminate tag lines during cross-examination

Done well, cross-examination should sound like a well-told story, occasionally interrupted by the witness agreeing with your cross-examination questions. In this trial advocacy article, you'll learn a simple cross-examination technique for simplifying your cross-exam question and improving the quality of your presentation. The primary difference between direct examination and cross-examination is who testifies. During direct examination, the lawyer asks open-ended questions and lets the witness... Posted on November 13, 2009 at 01:30 am by Elliott Wilcox
Nov 6
The Trial Lawyer’s Library

When I began my career as a trial lawyer, I had no idea what books I was supposed to read. There were hundreds of thousands of books in my law school library, but I wasn't sure which ones were most important to developing my trial advocacy skills. I read thousands of thousands of pages, looking for the best trial advocacy tips and techniques, and wasted a lot of time, energy, and money in the process. Hopefully, this list will help you shortcut the process that I went through. In this article,... Posted on November 6, 2009 at 01:30 am by Elliott Wilcox

Rank This Week: 2033

Bailey Class Action Daily

Covers class action issues, both in California and Nationwide. By Matt C. Bailey.

http://www.baileydaily.com/

Nov 20
Second District Holds Class Counsel’s Obligation to the Class Extends to Enforcement of Judgment Against Bankrupt Defendant in Barboza v. West Coast Digital GSM, Inc

On November 19, 2009, the Second District (Division 4) issued an interesting opinion relating to class counsel's post judgment obligations to the class when the defendant is essentially judgment proof. The opinion, Barboza v. West Coast Digital GSM, Inc., __ Cal. App. 4th __ (2009), involved somewhat unique facts, as class counsel was able to obtain a stipulated default judgment on behalf of the class specifically because the defendant had ceased operations, sold its assets to a third party,... Posted on November 20, 2009 at 12:15 am by Matt C. Bailey
Nov 19
Eastern District Denies Request to Decertify Class in Cartwright v. Viking Industries

On November 17, 2009, the Court in Cartwright v. Viking Indus., 2009 U.S. Dist. LEXIS 107066 (E.D. Cal., 2009) issued an order denying a request to decertify a class composed of California residential property owners having a specific model of defendant's windows installed in their homes. The defendant's decertification request, which was couched in a motion for reconsideration, claimed that "it was clear error (1) to rely on Viking's lifetime warranty and associated marketing to support... Posted on November 19, 2009 at 12:41 am by Matt C. Bailey
Nov 17
Third District Overturns Dismissal of Proposed DPA Class Action in Louie v. BFS Retail & Commercial Operations, LLC

On November 9, 2009, the Third District issued an opinion in Louie v. BFS Retail & Commercial Operations, LLC, __ Cal.App.4th __ (2009), reversing dismissal of a proposed California Disabled Persons Act (DPA) class action based on res judicata grounds. In that case, the trial court granted the defendant's demurrer on the grounds that an ADA consent decree entered in a prior Florida District Court class action barred the plaintiff's from subsequently litigating a proposed California class... Posted on November 17, 2009 at 01:35 am by Matt C. Bailey

Rank This Week: 2063

Trial Lawyer Resource Center

Trial attorneys and litigation experts lend their expertise on all areas of trial practice.

http://www.tlrcblog.com/

Nov 19
Synthes USA, Ti Synex II Vertebral Body Replacement (VBR) Lots Numbers

Lawyers Mark Zamora and Rob Bunch are investigating these claims, and you can reach them at 404-451-7781 and 888422-2882. Here is the information on the recalled Lots: Ti Synex II Vertebral Body Replacement (VBR) This recall involves part numbers 04.808.001-11, Synex II Central Body, Titanium (all lots). Part Numbers Descriptions 04.808.001 04.808.002 04.808.003 04.808.004 04.808.005 04.808.006 04.808.007 04.808.008 04.808.009 04.808.010 04.808.011 Ti Synex (TM) II Central Body 14 mm - 19 mm Ti... Posted on November 19, 2009 at 02:15 pm
Nov 17
Vertebral Body Replacement Recall

Attorneys Mark Zamora at 877-574-6454 and Rob Bunch at 888-422-2882 are investigating links between this recall and injuries FDA has notified healthcare professionals of a Class I Recall of all lots of the Synthes USA, Ti Synex II Vertebral Body Replacement, a device used in the T1-L5 portion of the spine to replace a collapsed, damaged, or unstable vertebral body. Reports of moderate to severe loss of vertebral body replacement height (caused by failure of the central body component) at six to... Posted on November 17, 2009 at 11:47 am
Oct 15
Blair Robes Recall

Blair Chenille Robes Recalled WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., announced a voluntary recall by Blair of 162,000 women's full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire. Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s. CPSC and Blair... Posted on October 15, 2009 at 01:09 pm

Rank This Week: 2102

e-discovery 2.0

Covers electronic discovery. By Aaref Hilaly.

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

Nov 19
Litigation and E-Discovery Trend Surveys Find Similar Results

As the Mark Twain quote goes, there are "lies, damn lies and statistics." In this case, however, and regardless of the exact numbers, two recent surveys provide some very interesting directional trending. The first is Fulbright & Jaworski's 6th Annual Litigation Trends Survey. In addition to covering a range of general and vertically oriented topics, they also focus on electronic discovery specifically. Not surprisingly, reducing e-discovery costs bubbles up to the top of the list as major... Posted on November 19, 2009 at 10:32 am by Dean Gonsowski
Nov 18
How to Reduce E-Discovery Costs Part IV: Bring E-Discovery In-House

Part I of this series on reducing e-discovery costs discussed a number of approaches for managing e-discovery costs. The third approach suggested in the original article is to bring e-discovery in-house. This means taking some e-discovery tasks that were previously conducted by external organizations, such as e-discovery service providers or outside law firms, and performing them using in-house enterprise e-discovery software, and/or people. How does bringing e-discovery in-house reduce costs?... Posted on November 18, 2009 at 10:41 am by Will Uppington
Nov 11
Top Ten Trends in Electronic Discovery

Since I've finished off the last of the Halloween candy and tossed out the moldy, squirrel ravaged pumpkins, it occurred to me that now might be a good time to think about what 2010 will hold for the electronic discovery industry. My 2009 list seems to have been fairly prescient and many of those notions still hold true since the legal industry (as we know) doesn't move at the most blistering pace. Again, doing my best Nostradamus impersonation, here are my top ten trends for 2010: Early case... Posted on November 11, 2009 at 03:34 am by Dean Gonsowski

Rank This Week: 2141

South Carolina Trial Law Blog

Using technology to make a better lawyer: a blog on trial practice, law practice management, and technology. Published by David Swanner.

http://www.sctriallaw.com/

Nov 19
Adjuster Law: Not Enough Damage to the Car

I sent a demand package to an insurance company on a car wreck case with about $26,000 in bills for medical treatment and two herniated disks. The adjuster wanted us to get information on prior medical treatment because of the severity of the claim, they felt there had to be some pre-existing condition. We complied because that was information that we would need to gather if there was a lawsuit anyways. When that didn't turn up anything, the denied any payment. The reason? Not enough damage to... Posted on November 19, 2009 at 08:19 am by David
Aug 19
Funny Answer for Request on Information for an Expert

In a recent conversation: Question: Does anyone have any information on expert _______? Answer: You are in trouble. ______ is formidable. I have used the expert myself on several occasions. The expert is well qualified, very articulate, makes a very good witness, quick on his/her feet, and is married to a judge. Good luck. Ouch. Just goes to show that both sides can have good witnesses. Posted on August 19, 2009 at 01:21 pm by David
May 23
Don Keenan and David Ball Seminar on the Reptilian Brain

I went to their seminare in Atlanta 2 weeks ago. Great, great stuff. Unfortunately, the book was still at the printers and won't be out for another week or so. They conducted a lot of focus groups and studies based on Clotaire Rapaille's work. Here is Rapaille's home page. The basic concept is that we have the modern functioning brain that helps us with decision making and functioning in our current environment. Underneath that is our lizard brain. The reptilian brain. The reptilian brain works... Posted on May 23, 2009 at 05:55 am by David

Rank This Week: 2165

Pennsylvania Litigation Blog

Providing a Pennsylvania perspective on local and national litigation news. Published by Barley Snyder LLC.

http://www.palitigationblog.com/

Nov 19
Attorneys Fees for Collecting Judgement Against Owner

Section 512 of the Contractors and Subcontractors Payment Act allows for an award of interest, penalties, and attorneys fees to a "substantially prevailing" party. When Owner did not pay him for construction work, Contractor sued Owner, won and obtained an award for the claim, plus interest, penalties and attorneys fees. Owner still didn't pay. Contractor then filed execution proceedings and, eventually, did recover the amount of the award by attaching Owner's bank accounts. Contractor then... Posted on November 19, 2009 at 07:57 am
Nov 19
Trademark: Retain your Right to Sue

Even if you are successful in federally registering your mark, misuse of your mark may result in losing your right to enforce the registration. The term misuse is relative and generally does not lead to a removal from the registry. Rather, your use may affect the ability to enforce rights granted by the registration. The rights established from a federal registration can last indefinitely, as long as the owner continues active use of the mark on or in connection with the goods and/or services... Posted on November 19, 2009 at 07:52 am
Nov 19
Trademark: Expand your Right to Sue through Registration

The first person to use a trademark in connection with specific goods or services preserves a common law right to prevent any unauthorized use of that mark with similar goods or services. However, federally registering your mark with the United States Patent & Trademark Office provides more protection than established under common law. In fact, an unregistered mark may only protect use of your mark within a specific geographical area, while a federal registration provides exclusive right to... Posted on November 19, 2009 at 07:37 am

Rank This Week: 2171

The Jury Room

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

http://keenetrial.com/blog

Nov 19
Simple Jury Persuasion: Human flaws bind us all

I had the pleasure of seeing a wonderful storyteller-Mike Birbiglia-live in New York last year in a one-man show called "Sleepwalking", and again on an HBO special several months ago. The special included a segment called "What I Should Have Said was Nothing" in which he tells a socially painful but humorous autobiographical story, to which [...] Posted on November 19, 2009 at 05:32 am by Douglas Keene
Nov 18
Case Strategy Tip: Do you want your jury to think about their verdict or not?

This is really not a facetious question. Depending on your case facts and which side you are representing (plaintiff, prosecution, or defense)-you will do better to craft a case story that will either carefully think through the evidence or not think carefully and rely instead on pre-existing attitudes. Jurors that carefully think through the evidence are [...] Posted on November 18, 2009 at 05:45 am by Rita Handrich
Nov 16
The jury will believe what you say, until they have time to think about it

A post at PsyBlog says we can't help but believe what we read. At least at first glance. We simply take in new information and accept it uncritically. Then we assess the information for validity-IF we take the time to think. Without thinking (or reflection) we simply believe what we read. And probably what we [...] Posted on November 16, 2009 at 05:23 am by Douglas Keene

Rank This Week: 2186

DRI

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

http://forthedefense.org/

Nov 19
Use Not Required - Acquisition of Trade Secrets Constitutes Misappropriation in Rhode Island

A recent decision from the First Circuit in Astro-Med,Inc. v. Nihon Kohden America, Inc., No. 08-2334-25, applying Rhode Island lawhighlights that the "acquisition" of trade secrets (not just"use") can constitute misappropriation and subject the acquirer toliability for actual loss and unjust enrichment under the Uniform Trade SecretsAct (UTSA). The First Circuit cited the plain text of the UTSA to reach thisconclusion. It also reasoned that plaintiff's direct competitor hiredplaintiff's... Posted on November 19, 2009 at 12:45 am
Nov 18
New Federal Investigation gives specific chemical names for what may be contained in Chinese Drywall

Late last month, the New York Times reported thatfederal investigators had found that imported Chinese drywall that homeownershave linked to health problems and odors had higher levels of some chemicalsthan its domestic counterparts. The investigators, however, were apparently unable to link the chemicals,sulfur and strontium, to the health problems and smells in the homes whichcontain the drywall. Posted on November 18, 2009 at 01:02 am
Nov 17
Avoiding ethical pitfalls of communicating with clients via email

Attached is an article written by Steve Puiszis, DRI's State Rep to Illinois, which originally appeared on Practical Ediscovery, a blog sponsored by Hinshaw & Culbertson LLP. Leor Exploration & Production, LLC v. Aguiar, 2009 WL 3097207 (S.D. Fla. Sept. 23, 2009) The twentieth century Spanish philosopher and poet George Santayana once wrote: "Those who cannot learn from history are doomed to repeat it." The Leor decision proves that philosophy is especially true when it comes to the... Posted on November 17, 2009 at 07:06 am

Rank This Week: 2209

Tom Appeals

Provides news and observations about employment law.. By Thomas Young.

http://tomappeals.com

Nov 18
New Rules Expedite Dependency Appeals

Capping a rule-making odyssey that began in 2005, the Florida Supreme Court adopted rules on November 12, 2009, intended to expedite appellate review in dependency and parental termination cases.1 The Court's opinion amends three bodies of rules: The Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate Procedure. The new rules took effect immediately.2 Two of the most significant rules adopted are new Rule of Judicial... Posted on November 18, 2009 at 08:38 pm by Tom
Nov 8
Fifth DCA Confirms Whistle-blowers Must Follow Statutory Requirements

In University of Central Florida Board of Trustees v. Turkiewicz, Florida's Fifth District Court of Appeal quashed a trial court order that departed from the essential requirements of law. Turkiewicz was employed by UCF for a number of years, first as Director of Safety and Security and later as Director of Police and Public Safety. Beginning in late 2005 or early 2006, Turkiewicz disclosed to his supervisor, UCF's Vice President for Administration and Finance, what he believed were regulatory... Posted on November 8, 2009 at 08:14 am by Tom
Oct 4
Reminder to Small Business: Understand Contract Before Signing

A decision released by Florida's Fifth District Court of Appeal on October 2, 2009, provides an opportunity to remind small business owners of the unintended consequences that may result from the use of forms or signing of contracts that are not fully understood. The Fifth District's decision addresses the limited circumstances in which a trial court can overturn an arbitrator's ruling, even if the arbitrator's ruling is legally wrong. Arbitration is one form of Alternative Dispute Resolution... Posted on October 4, 2009 at 06:44 am by Tom

Rank This Week: 2216

Class Action Blog

Covers consumer fraud, consumer protection, securities and antitrust class actions. By Meiselman, Denlea, Packman, Carton & Eberz.

http://classactionblog.mdpcelaw.com/

Nov 18
The Growing Controversy Involving Cylapril, The "New Age Solution For Weight Loss" And Adrenal Fatigue

Recent investigations conducted under the auspices of the National Advertising Review Council and the Consumer Affairs Division of the Public Safety Department in Palm Beach County, Florida have raised substantial concerns regarding Cylapril, a popular weight-loss pill billed as "the new age solution for weight loss." In particular, these investigations call into question Cylapril's ability to induce weight loss and raise questions relating to the marketing and billing practices of The Adrenal... Posted on November 18, 2009 at 02:53 pm
Nov 2
Whistleblower Suit Filed Against Amgen

Recently, we published two blog posts regarding lawsuits brought under the federal False Claims Act ("FCA"). In those posts, we explained how a consumer may file a Qui Tam action -- Latin for a lawsuit filed by an individual on behalf of the government pursuant to the federal False Claims Act -- against a company for engaging in fraud. We also pointed out that such a lawsuit allows the filer to keep up to half of any damages recovered on behalf of the government. In another example of a... Posted on November 2, 2009 at 12:33 pm
Oct 28
Reverse Mortgages Can Be A Scam

A reverse mortgage can be a valuable means of support for a senior citizen, allowing the homeowner, aged 62 or higher, to pull equity of his or her home. The money can come as a one- time payment, in monthly installments or as a line of credit to be drawn on when needed. The mortgage is repaid when the senior sells the residence or after his or her death by the heirs. The maximum allowed on a reverse mortgage is $625,000 and more than 110,000 such loans aggregating more than $17 billion are... Posted on October 28, 2009 at 02:52 pm

Rank This Week: 2230

Attorney Finance Blog

Covers the legal finance industry. By Amicus Capital Services.

http://amicuscapital.wordpress.com

Nov 18
Benefits of Working with a Finance Company that Specializes in Contingent Litigation

Law firms avail themselves of a secure source of funds that provides not only for future case development costs, but also for the recovery of monies already advanced on behalf of their clients. In the typical credit facility agreement, participating firms will be able to recover up to 100% of the amount of their case development costs in immediately available cash. The typical program produces many benefits for participating firms. Posted on November 18, 2009 at 10:27 am by Bill Tilley
Nov 8
Unforeseen Risks Facing Trial Lawyers Today

The risks to trial lawyers of being sued for malpractice are surprising and patently disturbing. The best way to protect yourself is through education and action. Posted on November 8, 2009 at 07:20 pm by Bill Tilley
Oct 28
They Knew and Failed To…….

Every day there is another recall or warning of a product that turned out to have design flaws or unexpected problems - a drug with an unanticipated side effect, a toy with a sharp piece that can injure a child, or a popular food product that may have been contaminated in production. These Posted on October 28, 2009 at 04:43 pm by Bill Tilley

Rank This Week: 2270

E-Discovery Bytes

A practical resource for issues in e-discovery. Published Quarles & Brady.

http://ediscovery.quarles.com/

Nov 18
Digital Voicemail in E-Discovery -- or Dealing with Cerberus, the Three-Headed Dog from Hell

You have one new voice message. First message: Monday, 4:45pm -- I must have just missed you, Vice President Joe. It's Mike van Dyke, your CEO. Remember that complicated widget invention -- Our best-seller you copied from the Widget Convention? The one in your job interview that you mentioned, And stole from your last boss for withholding your pension? Well, they've sued us for patent infringement and such, And theft of trade secrets -- it's really too much. So I need you to shred all the... Posted on November 18, 2009 at 09:50 am
Nov 2
Arizona Supremes: Metadata Subject to Public Records Law

Arizona is suddenly on the cutting edge of e-discovery law, with a new decision from the state's supreme court. In what freedom-of-information advocates hailed as a groundbreaking victory, the Arizona high court held Thursday that when a public entity maintains a public record in electronic format, any attached metadata also constitutes a public record subject to disclosure. Writing for the unanimous Court, Justice Scott Bales stated that "[i]t would be illogical, and contrary to the policy of... Posted on November 2, 2009 at 09:11 am
Aug 13
Edmund Hillary Knows Beans About Metadata

"Because it is there" may be a perfectly adequate response to the question of why you want to scale a mountain (although it invites the follow-ups of "are you crazy?" and "does your spouse know you spent four thousand dollars on climbing gear?"). It does not, however, cut it when a judge asks why you want a mountain of metadata. The court in Dahl v. Bain Capital Partners, LLC, 2009 U.S. Dist. LEXIS 52551 (D. Mass. June 22, 2009) reminds us of this fact. In that case, a requesting party sought... Posted on August 13, 2009 at 12:32 pm

Rank This Week: 2274

Downtown Lawyer

Focuses on issues raised in Arkansas appellate courts, the Arkansas General Assembly, federal district courts in Arkansas and the Eighth Circuit Court of Appeals. By Jodie Hill.

http://downtownlawyer.wordpress.com

Nov 18
Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.

Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from a [...] Posted on November 18, 2009 at 08:26 am by Jodie L. Hill
Nov 13
Small victory for The Game in defamation case against him.

Rapper Jayceon "The Game" Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...] Posted on November 13, 2009 at 09:53 am by Jodie L. Hill
Nov 6
Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.

Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. ("Carco"), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had been [...] Posted on November 6, 2009 at 08:25 am by Jodie L. Hill

Rank This Week: 2288

Trial Advocacy Blog

Provides information and discussion on trial advocacy. By the Temple University Law Library.

http://indexhtml.blogspot.com

Nov 18
Temple Law Professor and the John Perzel case

Edward Ohlbaum, a professor of Law at Temple University, was recently quoted in a November 14th article. He spoke about how publicity can make it difficult to find unbiased jurors. For more information, go to www.philly.com Posted on November 18, 2009 at 12:12 am by Roshonda Scipio
Oct 22
Pearson, Iqbal and Procedural Judicial Activism

Goutam Jois, a 2007 graduate of Harvard Law School, wrote about the Supreme Court recent decisions in Pearson and Iqbal. Click link to SSRN for more information. Posted on October 22, 2009 at 05:16 am by Roshonda Scipio
Oct 7
Recent book of interest for trial advocacy

Item recently acquired by the Law Library AUTHOR Young, John Hardin. TITLE Written and electronic discovery : theory and practice / John Hardin Young, Terri A. Zall, Alan F. Blakley. IMPRINT Louisville, CO : National Institute for Trial Advocacy, c2009. Posted on October 7, 2009 at 06:56 am by Roshonda Scipio

Rank This Week: 2325

Colorado Business Litigation...

Colorado Business Litigation Lawyer Blog

Covers business litigation risks and strategies. By Gilbert, Ollanik, & Komyatte, P.C.

http://www.coloradobusinesslitigationlawyerblog.com/

Nov 17
E-Verify System for Denver Businesses

The Department of Homeland Security (DHS) and the Social Security Administration (SSA) have established an electronic system called E-Verify (formerly the Basic Pilot/Employment Eligibility Verification Program) to assist employers further in verifying the employment eligibility of all newly-hired employees. As most businesses with federal contracts know, effective September 8, 2009, compliance with the E-Verify system became mandatory. Executive Order 12989 mandates the electronic verification... Posted on November 17, 2009 at 01:23 pm by Jim Gilbert
Nov 11
A Tribute to Our Uniformed Defenders

Our engagement in wars on two fronts and the daily reminders of the politics of such wars sometimes blurs the stark fact that it is people who fight wars, not politicians. We often fail to remember the many sacrifices being made by the members of our armed forces and of the hardships and mental anguish suffered by their families. The brave and loyal defenders of our liberty freely and unselfishly volunteered to serve. Those in combat risk their lives daily, usually with little or no expectation... Posted on November 11, 2009 at 02:20 pm by Jim Gilbert
Nov 5
“Piercing the Corporate Veil” in Denver

One of the advantages of operating a business as a corporation in Denver is that, with some exceptions, shareholders (owners), officers and directors normally do not have personal liability for corporate debts. Under certain circumstances, however, there may be personal liability, such as for certain unpaid taxes and when equitable principles cause the court to "pierce the corporate veil," where the court looks behind a corporate entity and takes action as though no entity separate from the... Posted on November 5, 2009 at 09:13 am by Gilbert, Ollanik, & Komyatte, P.C.

Rank This Week: 2346

Litigation PostScript

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

http://www.litigationps.com/litigation_postscript_per/

Nov 17
Provide the Science Jurors Expect, and the Emotion They Require

by: Dr. Kevin Boully Jurors demonstrate increasingly demanding and complex expectations for scientific proof in the courtroom. Gone are the days of extreme concern about over-presenting your case or looking "too slick" in trial. In most venues, slick is the new standard. Jurors see high-level graphics and video animation on their televisions at home, on their computers at work, and on their cell phones everywhere else they go. Whether you believe in a measurable "CSI Effect" in civil litigation... Posted on November 17, 2009 at 11:02 am by Brittaney Schmidt
Nov 2
Steward Your Product

by: Dr. Ken Broda-Bahm From exploding automobile gas tanks to faulty cribs, the history of jury verdicts is littered with cautionary tales of what can happen when a company fails the perceptual test of protecting its customers and standing behind its product. While these lessons apply most obviously to products liability, a parallel concept applies to any company that sells a product or delivers a service: The company is either a good steward or a poor steward of the goods it brings to market,... Posted on November 2, 2009 at 11:57 am by Brittaney Schmidt
Sep 29
Violate Juror Expectations…In a Good Way.

By: Dr. Kevin Boully Sure, I've fired an assault rifle but I don't know much about guns. When I was asked to comment on Glenn Meyer's description of weapons effects in criminal cases, I was initially a little intimidated. Then I realized, it really doesn't matter if we're talking about boys, girls, glocks, gray hair or greed- human bias invades and influences juror decisions about victims and their alleged perpetrators as well as civil litigants from corporations to careless drivers. Human as... Posted on September 29, 2009 at 10:25 am by Brittaney Schmidt

Rank This Week: 2358

Renew Data E-Discovery

Covers electronic discovery news, best practices, and legal commentary. Published by Renew Data.

http://ediscovery.renewdata.com/

Nov 17
RenewData Names Legal Services Veteran to Post of President

Fostering Client Relationships and Driving Growth Strategy Continue to be Key Initiatives for Information Governance Service Provider AUSTIN, TX - November 17, 2009 - a leading provider of services for the discovery, archiving, and governance of electronically stored information (ESI), today announced it has named Richard Cohen to president. In this role, Cohen will lead the company's client facing functions to continue RenewData's position as a top-tier service provider offering the best... Posted on November 17, 2009 at 10:23 am
Nov 16
RenewData to Present at Legal IT Asia Conference 2009

Vice President of Professional Services to discuss US Litigation Tactics and eDiscovery Trends to International Audience of Legal and IT Professionals AUSTIN, TX - November 16, 2009 - RenewData, a leading provider of services for the discovery, archiving, and governance of electronically stored information (ESI), today announced its Vice President of Professional Services, Vance McMurry, will speak at Legal IT Asia taking place on November 18 - 19, 2009 at the Yuyang Hotel in Beijing, China.... Posted on November 16, 2009 at 09:58 am
Sep 23
RenewData Clients Exceptionally Satisfied with eDiscovery and Archiving Services

Highest Possible Referral Rate Received in Recent Client Satisfaction Survey AUSTIN, TX - September 22, 2009 - RenewData, a leading provider of services for the discovery, archiving, and governance of electronically stored information (ESI), today announced recent results of its client satisfaction survey, as well as its growing client base and revenue. The survey results from the second quarter of this year showed that RenewData clients are extremely satisfied with the level of service... Posted on September 23, 2009 at 08:56 am

Rank This Week: 2361

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/

Nov 17
November 16, 2009 - A Critical Date for Madoff Charity Stakeholders with Calendar Fiscal Years - Installment 19

This is the nineteenth in a series of installments on this blog that are discussing some issues arising in the aftermath of the long global Ponzi scheme of Bernard L. Madoff ("Madoff"). Installments 3 through 8, Installment 10 and Installments 14 through 18 of this series focused on the specific concerns of charities that were victims of Madoff and similar schemes. All potential stakeholders should consult professional advisors to have their positions evaluated. Monday, November 16, 2009 is a... Posted on November 17, 2009 at 06:10 am
Nov 3
Cooperation is the only post-sentencing game in town

The Seventh Circuit recently held that, on a government motion under Rule 35(b) to reduce a sentence for new cooperation, the district court may not use the occasion to reopen sentencing to assess whether a reduction is justified under the 18 U.S.C. &#xc2&#xa7 3553(a) factors. Cooperation is the only basis for a post-sentencing reduction within the Rule. United States v. Shelby, 2009 WL 3335548 (7th Cir., Oct. 19, 2009). Rarely, one might imagine, would sentencing judges so regret the severity of their... Posted on November 3, 2009 at 09:58 am
Oct 30
No notice to subscriber required when officers seize stored email from ISP

The usual protocol when agents execute a search warrant at an office or home is to leave a copy of the warrant with the person in control of the premises, often but not necessarily the owner. Rule 41(f)(1)(C) requires it. But what kind of notice is required when agents execute a search warrant to seized stored emails from a subject's internet service provider (ISP), such as Google or Hotmail or Verizon? Answer: none. to the subscriber. A District of Oregon judge recently considered this... Posted on October 30, 2009 at 03:07 pm

Rank This Week: 2393

Chicago Business Litigation...

Chicago Business Litigation Attorney Blog

Covers breach of contract, implied contract, oral contracts, defamation, and unjust enrichment. By Tamari & Blumenthal, LLC.

http://www.chicagobusinesslitigationattorneyblog.com/

Nov 16
Illinois Courts Recognize Promissory Estoppel As A Cause of Action

Illinois Courts define promissory estoppel as a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Restatement (Second) of Contracts &#xc2&#xa7 90(1), at 242 (1981). To establish a claim for promissory estoppel in Illinois, the plaintiff must prove that the defendant made an unambiguous promise to... Posted on November 16, 2009 at 08:32 am by Tamari & Blumenthal, LLC
Nov 4
U.S. Supreme Court Holds Forum Selection Clauses are Generally Enforceable

According to the U.S. Supreme Court, a forum selection clause is prima facie valid and should be enforced unless enforcement is shown by the opposing party to be unreasonable under the circumstances. Applied Card Systems, Inc. v. Winthrop Resources Corp., No. Civ. A. 03-4104, 2003 WL 22351950, *2. Moreover, the United States Supreme Court has explicitly held that a forum selection clause in a standardized, non-negotiable contract may be quite permissible. See Carnival Cruise Lines, Inc. v... Posted on November 4, 2009 at 10:30 am by Tamari & Blumenthal, LLC
Oct 27
Illinois Courts’ Requirements for Piercing the Corporate Veil

In Illinois, generally, the law regards a corporation as an entity separate and distinct from its officers, shareholders, and directors and therefore those parties will not be held personally liable for the corporation's debts and obligations. Melko v. Dionisio, 219 Ill.App.3d 1048, 1063, 162 Ill.Dec. 623, 580 N.E.2d 586, 594 (1991). However, in certain circumstances, the corporate form may be disregarded, such as where the corporation is merely the alter ego or the business conduit of another... Posted on October 27, 2009 at 08:18 am by Tamari & Blumenthal, LLC

Rank This Week: 2444

Discovery Resources

Electronic Discovery (E-Discovery) Resources, News & Information

http://www.discoveryresources.org

Nov 16
Buddy, Can You Spare a Dime?

by Dennis Kiker, Esq., Director, Professional Services, Fios, Inc. Cost containment continued to be the most recurrent theme on day two of the Georgetown Advanced E-Discovery Institute. And by a pretty wide margin (with no disrespect to any of the other excellent speakers), Ralph Losey and Jason Baron's presentation on advanced search had to be the most entertaining of the day. The message was simple: the volume of data created and stored on computers continues to increase exponentially, and... Posted on November 16, 2009 at 08:18 am by Tom Mighell
Nov 13
Lions and Tigers and Bears (Oh My!)

by Dennis Kiker, Esq., Director, Professional Services, Fios, Inc. I've often heard colleagues ask prospective clients, "What keeps you up at night?" Or, "What worries you about e-discovery?" After all, that is what we, as vendors, want to know: how can our products or services ease your concerns, so that you'll purchase our products or services. Thus, it was very interesting to hear, in U.S. District Judge Lee Rosenthal's keynote address at the Georgetown Advanced E-Discovery Institute that... Posted on November 13, 2009 at 11:59 am by Tom Mighell
Nov 12
Waiting for Georgetown

by Dennis Kiker, Esq., Director, Professional Services, Fios Inc. Last night was cold, rainy, and rather gloomy here in Washington, D.C. It was also Veteran's Day, so sensible people had chosen to join their government colleagues and stay home or retire early for the day. So what else would someone facing a two-day e-discovery marathon choose to do on such a night? Of course. Attend an e-discovery roundtable dinner, what else? And it was great. Really, it was great. Here's why: As you might... Posted on November 12, 2009 at 12:23 pm by Tom Mighell

Rank This Week: 2445

The Appellate Gourmet (c)

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

http://appellategourmetappealsinflorida.blogspot.com/

Nov 14
Internet law

Judge Rules Web Commenter Will Be Unmasked to Mom of Criticized Teen From ABA Journal Weekly, Posted Nov 9, 2009, 04:00 pm CST By Martha Neil An Illinois judge has decided that an anonymous commenter on a newspaper website will be unmasked, even though the mother of a teen about whom "Hipcheck16" allegedly made "deeply disturbing" comments hasn't yet decided whether to sue over the posting. The mother, Lisa Stone, is a trustee of Buffalo Grove in suburban Chicago. The comments on the Daily... Posted on November 14, 2009 at 07:06 am by Law Lady
Nov 9
Home Court Showdown at the Supreme Court

Battle over wage-and-hour action against Hertz is all about location, location, location a post by Marcia Coyle in The National Law Journal November 10, 2009 "The auto rental giant Hertz is incorporated in Delaware, has its headquarters in New Jersey and does its biggest volume of business in California. So where is Hertz's "principal place of business?" The answer depends on which federal appellate court is asking the question. During the past 51 years, federal courts have used a hodgepodge of... Posted on November 9, 2009 at 10:40 pm by Law Lady
Nov 8
Explanation of benefits, valid medical reports and spicey cornbread

Insurance -- Personal injury protection -- Explanation of benefits -- Circuit court appellate division departed from essential requirements of law in affirming county court judgment finding that an insured has a private cause of action against a PIP insurer who fails to provide its insured an itemized specification of each item the insurer has reduced, omitted, or declined to pay within 30 days after the insurer is furnished written notice of the fact of a covered loss and the amount -- There... Posted on November 8, 2009 at 08:33 pm by Law Lady

Rank This Week: 2499

The Conference Room--Answers to...

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

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

http://nclawyer.typepad.com/north_carolina_civil_litg/

Nov 13
Did I eat that?

Occasionally I will get a phone call from a person looking to see if they have a lawsuit for something in their food. I've had people complain about bugs, wood, glass, bone, plastic and other more gruesome things. One locally famous case found a finger. Apart from a certain entertainment value that appeals to my inner junior high student, these types of cases, gross as they are, usually have very little legal value. One reason is that some things are foreseeable in food. A bit of bone in a... Posted on November 13, 2009 at 04:53 pm by Bradley Coxe
Oct 30
It Was My Understanding There Would Be No Math...

A few weeks ago, on a lovely Saturday at Wrightsville Beach, NC, I was in a small banquet room, assisting a Homeowner's Association with a special meeting calling for the removal of directors. There were two large factions in the Association and on the Board. One faction had collected a sufficent number of petitions to call for the removal of the majority of the sitting Board members. I was asked to take a fairly active role in the running of the meeting to ensure that the law was properly... Posted on October 30, 2009 at 04:49 pm by Bradley Coxe
Oct 17
My Not-So-Hero, Zero

There has been a lot of justifiable backlash over "zero tolerance" policies for weapons at schools. The tale of the cub scout proud of his pocket knife with fork and spoon has prompted many people to cry out "where is the common sense of these school officials?" My practice really isn't geared to this type of litigation (although I know attorneys who do) but I'd like to make the connection between these zero tolerance policies and some types of tort reform. Zero tolerance for weapons in schools... Posted on October 17, 2009 at 05:35 pm by Bradley Coxe

Rank This Week: 2505

Res Ipsa Loquitur

Covers civil litigation, insurance, technology and other topics of interest to Canadian legal practitioners. By Pamela Pengelley.

http://canadianlaw.wordpress.com

Nov 13
Ontario Court Denies Ex Parte Motion to Preserve Facebook

A New Decision on Facebook: Ex Parte Injunctions and Preservation Orders Another Ontario decision dealing with production of Facebook profiles in personal injury lawsuits was released on October 29, 2009. In Schuster v. Royal & SunAlliance Insurance Company of Canada, the defendant brought a motion before a judge, without notice to the plaintiff, seeking an injunction requiring the plaintiff to preserve and produce her [...] Posted on November 13, 2009 at 12:48 pm by Pamela Pengelley
Nov 8
Limitation Periods for Property Damage Losses in Canada

What is a Limitation Period? All legal proceedings, including subrogated recovery actions, must be commenced within a certain period of time set out by legislation. The time period in which an action can be brought is called a limitation period. It is also sometimes called a prescription period. If an action is not brought within the [...] Posted on November 8, 2009 at 03:19 am by Pamela Pengelley
Oct 22
I was Profiled for Martindale Hubbell’s “Legal News and Views”!

I was recently interviewed by Norman Gautreau, author of "Sea Room" and "Island of First Light", for Martindale Hubbel's Legal News and View's Member Spotlight with respect to its new social networking initatives. Needless to say, it was a very interesting experience. I have been asked to spread the article around (not a difficult chore). It [...] Posted on October 22, 2009 at 11:15 am by Pamela Pengelley

Rank This Week: 2514

Law Offices of Joseph C. Markowitz...

Law Offices of Joseph C. Markowitz

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

http://www.jcmarkowitz.com/

Nov 12
Dealing with "Frivolous" Lawsuits

Congress is currently considering legislation that would reverse the Supreme Court's decisions in Iqbal and Twombley, discussed here previously. These decisions have significantly raised the standard for pleading a viable complaint in federal court, and enhanced the power of judges to dismiss cases that do not appear plausible, before allowing any discovery or further proceedings to occur. One danger of these Supreme Court decisions is that they have already led to increased wasteful motion... Posted on November 12, 2009 at 02:55 am by Joe Markowitz
Oct 7
Hard Cases Create Hard Times for Arbitration.

Senator Al Franken succeeded in getting his first piece of legislation passed, an amendment to a defense appropriations bill that would prohibit defense contractors from requiring employees to submit to mandatory arbitration. The amendment was prompted by the case of Jamie Leigh Jones, who has been attempting to sue Haliburton and KBR over claims that she was raped and held against her will by co-workers. The amendment passed overwhelmingly, with only 30 Senators opposed. What is interesting is... Posted on October 7, 2009 at 09:07 am by Joe Markowitz
Sep 25
Boilerplate Discovery Objections

It is common practice, at least in California, for parties to serve written objections to nearly every interrogatory and document demand to which they respond. Notwithstanding those objections, parties frequently provide answers to the objected-to interrogatories, and produce some documents in response to objected-to document requests. The problem then is that the requesting party is never certain whether he has received complete answers or all responsive documents, without either litigating... Posted on September 25, 2009 at 08:35 am by Joe Markowitz

Rank This Week: 2578

Trials & Error Blog

Covers appellate advocacy. By Peter Smythe, P.C.

http://federalappeals.net

Nov 10
Persuasion is the Lawyer’s Money Game

There are only two things lawyers get paid for: writing persuasively and speaking persuasively. It's not as if those are two important things among many. They are the only two things. That's it. And your writing comes first. When you improve your writing, your speaking will automatically become better. The contrary isn't necessarily true at all. (Bryan Garner, Telling the Good from the Bad) Posted on November 10, 2009 at 03:28 pm by Peter Smythe
Nov 10
Trial Lawyers’ Top Ten Appellate Mistakes: Ignoring Record Preservation at the Motion Stage

The summary judgment motion

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