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SCOTUSblog

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

http://www.scotusblog.com/

Sep 19
Petition of the day

Petition of the day

The petition of the day is: Ho v. ReconTrust Co. 17-278 Issue: Whether entities conducting foreclosure-related activities, including notifying borrowers that their homes will be sold unless payment is made, are subject to the Fair…
Sep 19
Francisco confirmed as solicitor general

Francisco confirmed as solicitor general

By a vote of 50-47 that broke down almost completely on party lines, the Senate today confirmed Noel Francisco to serve as the solicitor general, the government’s top lawyer in the Supreme Court. Francisco’s confirmation comes…
Sep 19
Tuesday round-up

Tuesday round-up

In The National Law Journal (subscription or registration required), Tony Mauro highlights an amicus brief filed “on behalf of a group of ‘cake artists’ across the country” in Masterpiece Cakeshop v. Colorado Civil…

Rank this Week: 15

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com

Sep 19
"Can White House counsel McGahn claim client privilege in Mueller probe?"

"Can White House counsel McGahn claim client privilege in Mueller probe?"

"Can White House counsel McGahn claim client privilege in Mueller probe?": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Sep 19
"Faced With Careful Criticism, Law Professor Just Calls His Critics Stupid; Law professor says critics can't 'read, analyze, and act'"

"Faced With Careful Criticism, Law Professor Just Calls His Critics Stupid; Law professor says critics can't 'read, analyze, and act'"

"Faced With Careful Criticism, Law Professor Just Calls His Critics Stupid; Law professor says critics can't 'read, analyze, and act'": Joe Patrice has this post at "Above the Law." And in a related entry at "Above the Law," LawProfBlawg has…
Sep 19
"Appeals court upholds Seattle police policy on using force; The panel held that the city has a significant interest in regulating the use of guns by police officers, and the policy does not restrict the officers' Second Amendment rights"

"Appeals court upholds Seattle police policy on using force; The panel held that the city has a significant interest in regulating the use of guns by police officers, and the policy does not restrict the officers' Second Amendment rights"

"Appeals court upholds Seattle police policy on using force; The panel held that the city has a significant interest in regulating the use of guns by police officers, and the policy does not restrict the officers' Second Amendment rights":…

Rank this Week: 16

Day on Torts

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

http://www.dayontorts.com/

Sep 18
No Invasion of Privacy When Information Was Already Public

No Invasion of Privacy When Information Was Already Public

A plaintiff cannot claim invasion of privacy based on information that she herself has already disclosed in a public filing. In Graham v. Archer, No. E2016-00743-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), the Court of Appeals affirmed…
Sep 14
Negligent Supervision Allowed Under Tennessee Claims Commission Act

Negligent Supervision Allowed Under Tennessee Claims Commission Act

The Tennessee Claims Commission has exclusive subject matter jurisdiction over a claim by a plaintiff that the state “negligently supervised and retained a prison guard who sexually assaulted [an] inmate.” In Vetrano v. State, No.…
Sep 12
Battery Claim Proceeds In Absence of Significant Injury

Battery Claim Proceeds In Absence of Significant Injury

Depending on the circumstances, a police officer pulling a handcuffed person by the chain linking the two cuffs may be enough to support a claim for assault and battery in Tennessee, even without evidence of a significant injury. In Stafford…

Rank this Week: 47

Covers practice tips and new legal developments of particular interest to California legal professionals. The CEB blog covers a wide range of practice areas from estate planning to civil litigation, along with posts relating to the practice of law generally.

http://blog.ceb.com

Sep 18
Checklist: What to Do If Summary Judgment Is Denied

Checklist: What to Do If Summary Judgment Is Denied

You moved for summary judgment but your motion was denied. Here’s a checklist of four things to ask yourself. __ 1. Are there any new or different facts, circumstances, or law that couldn’t have been presented…
Sep 15
Don’t Let Your Ethical Duties Get Lost in the Cloud

Don’t Let Your Ethical Duties Get Lost in the Cloud

The following is a guest blog post by Perry L. Segal, an attorney and management consultant at Charon Law, Redwood City. Mr. Segal has over 25 years of combined experience in law and technology. He is co-chair of the California Council of…
Sep 13
Have You Looked at Your Email Disclaimer Lately?

Have You Looked at Your Email Disclaimer Lately?

It has become routine for attorneys to include a disclaimer in their emails. But like anything else that becomes routine, some attorneys have lost track of the purpose of the disclaimer and could benefit from a little thought on improving its…

Rank this Week: 54

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/

Sep 19
Who Should Terminate or Modify Irrevocable Trusts?

Who Should Terminate or Modify Irrevocable Trusts?

Bradley E.S. Fogel, Terminating or Modifying Irrevocable Trusts by Consent of the Beneficiaries—A Proposal to Respect the Primacy of the Settlor’s Intent, 50 Real Prop., Tr. & Est. L.J. 337 (2016). Michael Yu Professor Bradley…
Sep 18
When the Life of the Law is Logic

When the Life of the Law is Logic

Sarah B. Lawsky, Formalizing the Code, 70 Tax L. Rev. 377 (2017), available at SSRN. Susan Morse In Formalizing the Code, Professor Sarah Lawsky offers a glimpse of what might be gained if law were written in formal logic…
Sep 15
Regulations Hinder Mobility and the National Economy

Regulations Hinder Mobility and the National Economy

David Schleicher, Stuck! The Law and Economics of Residential Stability, 127 Yale L.J. (forthcoming, 2017), available at SSRN. Steve Eagle The principal goal of local zoning has been to assure existing residents a stable and comfortable…

Rank this Week: 63

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/

Sep 18
Look for an Increased Perception that Racism Is a Major Problem

Look for an Increased Perception that Racism Is a Major Problem

By Dr. Ken Broda-Bahm: There's a quote most often associated with Martin Luther King: "The arc of the moral universe is long, but it bends toward justice.” When applied to historical progress, these words generally connote the…
Sep 14
Adapt to Information Engagement Style

Adapt to Information Engagement Style

By Dr. Ken Broda-Bahm: You've probably heard the expression, "Minds are like parachutes: They only function when they're open." That is undoubtedly true for some people. And if you're one of the curious regular readers of this blog,…
Sep 11
Use 'Free Speech' to Disinhibit Expressions of Bias in Voir Dire

Use 'Free Speech' to Disinhibit Expressions of Bias in Voir Dire

By Dr. Ken Broda-Bahm: One of the main goals of voir dire is to encourage jurors to express some of their actual biases so that you can use those expressions as a basis for cause or peremptory challenges. And there is one big obstacle to…

Rank this Week: 81

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/

Nov 27
Chairman Schapiro's Troubled Tenure at the SEC

Chairman Schapiro's Troubled Tenure at the SEC

Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
Nov 26
The Philadelphia Story

The Philadelphia Story

The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
Nov 25
Senator-elect Warren's Quandary

Senator-elect Warren's Quandary

There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...

Rank this Week: 76

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

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

Sep 19
Smith on Baude on Qualified Immunity

Smith on Baude on Qualified Immunity

Now on the Courts Law section of JOTWELL is Fred Smith’s essay, The Trouble with Qualified Immunity. Fred reviews Will Baude’s recent article, Is Qualified Immunity Unlawful?, which is forthcoming in the California Law Review.
Sep 18
Forum on Federal Administrative Adjudication - Washington, DC (9/29)

Forum on Federal Administrative Adjudication - Washington, DC (9/29)

Here’s the announcement from the Administrative Conference of the United States (ACUS): The Forum on Federal Administrative Adjudication, which will take place on Friday, September 29 from 9:00 a.m. to noon, will now be held in Room 50 of…
Sep 6
Eleventh Circuit reverses grant of summary judgment against plaintiffs challenging Alabama’s lethal injection protocol

Eleventh Circuit reverses grant of summary judgment against plaintiffs challenging Alabama’s lethal injection protocol

Last week the U.S. Court of Appeals for the 11th Circuit issued a unanimous decision in Grayson v. Warden. The plaintiffs-appellants are challenging Alabama’s three-drug lethal injection protocol, and the Eleventh Circuit reversed the…

Rank this Week: 99

shlep: the Self-Help Law ExPress

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

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

Feb 19
Help for pro se users in Clark County, Indiana

Help for pro se users in Clark County, Indiana

Commissioners OK legal help center for courthouse New appointment made to fill a void in County Courts By BRADEN LAMMERS Braden.Lammers@newsandtribune.com Judicial matters were the predominant theme at the Clark County Commissioners meeting…
Feb 19
Help for pro se users in Clark County, Indiana

Help for pro se users in Clark County, Indiana

Commissioners OK legal help center for courthouse New appointment made to fill a void in County Courts By BRADEN LAMMERS Braden.Lammers@newsandtribune.com Judicial matters were the predominant theme at the Clark County Commissioners meeting…
Jan 5
New York Times op/ed piece about self-help representation

New York Times op/ed piece about self-help representation

Two state judges opine about the state of accessibility to the legal system. As the economy has worsened, the ranks of the self-represented poor have expanded. In a recent informal study conducted by the Self-Represented Litigation Network,…

Rank this Week: 85

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net

Sep 19
Child & Family Law Quarterly: Special Brexit Issue

Child & Family Law Quarterly: Special Brexit Issue

Back in March the Child & Family Law Quarterly together with Cambridge Family Law hosted a conference on the impact of Brexit on international family law (see our previous post). Some of the academic papers that were presented at this…
Sep 18
Call for Papers: “60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Key Issues and Future Challenges”

Call for Papers: “60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Key Issues and Future Challenges”

On 5/6 April 2018 Dr. Ana Mercedes López Rodríguez, Ph.D. and Dr. Katia Fach Gómez, LL.M will convene a conference to commemorate the 60th anniversary of the New York Convention on the Recognition and…
Sep 17
New Instrument of the European Law Institute – Rescue of Business in Insolvency Law

New Instrument of the European Law Institute – Rescue of Business in Insolvency Law

The European Law Institute has approved and published its new instrument, the report “Rescue of Business in Insolvency Law”. The report is available on SSRN as well as on the website of the ELI. The abstract on SSRN reads as…

Rank this Week: 151

Class Action Fairness Act Blog

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

http://www.cafalawblog.com/

Sep 18
Once Citizenship Prerequisites Have Been Established, Courts Consider a Six-Factor Balancing Test when Determining Whether to Exercise the Discretionary-Remand Exception under CAFA

Once Citizenship Prerequisites Have Been Established, Courts Consider a Six-Factor Balancing Test when Determining Whether to Exercise the Discretionary-Remand Exception under CAFA

Speed v. JMA Energy Co., 2017 WL 2547240 (E.D. Ok. June 13, 2017). Once the court had determined that a sufficient number of the plaintiffs and the primary defendants were citizens all citizens of the state in which the suit had been brought,…
Sep 15
Federal Courts Have Jurisdiction Over All Claims if They Have Jurisdiction Over Some, and CAFA Doesn’t Support Claim-Splitting or Partial Remand of a Specific Remedy

Federal Courts Have Jurisdiction Over All Claims if They Have Jurisdiction Over Some, and CAFA Doesn’t Support Claim-Splitting or Partial Remand of a Specific Remedy

Chuang v. Dr Pepper Snapple, 2017 WL 2463951 (C.D. Cal. Jun 7, 2017). In denying the plaintiff’s motion to remand, a District Court in California found that the presence of at least some claims over which the district court has original…
Sep 14
Interest Payments Tied Solely To Delay In Paying Amounts In Controversy Insufficient To Establish CAFA Jurisdiction

Interest Payments Tied Solely To Delay In Paying Amounts In Controversy Insufficient To Establish CAFA Jurisdiction

Whisenant v. Sheridan Production Co., LLC, 627 F. App’x. 706 (10th Cir. 2015) This decision concerns the reversal of a denial of a motion to remand. Plaintiff brought a putative class action in Oklahoma state court against a natural gas…

Rank this Week: 166

Asset Search Blog

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

http://www.assetsearchblog.com/

Aug 23
Whistleblowers, Secret Swiss Bank Accounts & Recovering Hidden Asset

Whistleblowers, Secret Swiss Bank Accounts & Recovering Hidden Asset

A) PROGRAM DESCRIPTION At the New York County Lawyers’ Association on October 3, 2017 from 5:30 PM to 9:00 PM, I will be the program chair of “Whistleblowers, Secret Swiss Bank Accounts & Recovering Hidden Assets.”…
Jul 10
Divorce & Hidden Money: Searching For A Spouse’s Beneficially Owned Asset

Divorce & Hidden Money: Searching For A Spouse’s Beneficially Owned Asset

According to The Financial Action Task Force anti-money laundering group: Beneficial owner refers to the natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted.…
May 15
Money Laundering Typologies & An Asset Search

Money Laundering Typologies & An Asset Search

One way to learn how to search for hidden assets is to read “A Laundry List For An Asset Search.” Another way is to study money laundering typologies. Money laundering typologies are used by law enforcement and regulators to…

Rank this Week: 170

Information Governance Engagement…

Information Governance Engagement Area

Established with the goal of aggregating key compliance and electronic discovery news for further review, study, and consideration by legal and corporate professionals. By Rob Robinson.

http://infogovernance.blogspot.com/

Apr 1
Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

Consolidation of Blogs: New Location of Content on ComplexDiscovery.com

Effective April 1, 2015, the Information Governance Engagement Area blog will no longer be updated on a regular basis. New content ranging from news and events to opinions and assertions will now be available exclusively on the…
Mar 31
How to Detect, Define, & Use an Enterprise Document Attribute Matrix

How to Detect, Define, & Use an Enterprise Document Attribute Matrix

By John MartinDocuments in file shares, content management systems, and scanned archives are often described as “unstructured.” However, there is typically a high level of structure in and interconnectedness among those documents.…
Mar 30
Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

Using Continuous Active Learning to Solve the ‘Transparency’ Issue in TAR

By John TredennickTechnology assisted review has a transparency problem. Notwithstanding TAR’s proven savings in both time and review costs, many attorneys hesitate to use it because courts require “transparency” in the TAR…

Rank this Week: 154

Expert Witness Blog

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

http://www.expertwitnessblog.com/

Sep 18
Infectious Disease Expert Witness Testimony Allowed

Infectious Disease Expert Witness Testimony Allowed

Plaintiff sued defendant alleging the visit to defendant’s store caused her infections. Plaintiff hired two infectious disease expert witnesses to assist in her case. Defendant filed a motion for summary judgment which…
Sep 15
Common Problems of Being an Expert Witne

Common Problems of Being an Expert Witne

Professional blogger Rosemary Jones provides her perspective on the common problems of being an expert witness. Ms. Jones writes on several niches particularly in law, including personal injury, estate planning, business law, real…
Sep 15
Electrical Engineering Expert Witness Testimony Not Allowed

Electrical Engineering Expert Witness Testimony Not Allowed

Plaintiff sued defendant to recover insurance payment made after a house fire. Plaintiff alleged that defendant was negligent in installing an electric “smart” meter, which they say caused the fire. The plaintiff hired…

Rank this Week: 221

Litigation and Trial

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

http://www.litigationandtrial.com/

Sep 15
Equifax And The Long Legal Road In Data Breach Class Action

Equifax And The Long Legal Road In Data Breach Class Action

Equifax, which knows more about you than your own mother, (1) failed to maintain its servers, (2) was hacked and lost sensitive personal data for 143 million people, (3) concealed that fact for months, (4) blamed another company…
Jul 12
A Plaintiff’s Guide To Fed.R.Civ.P. 26 Discovery Proportionality

A Plaintiff’s Guide To Fed.R.Civ.P. 26 Discovery Proportionality

Civil litigators often spend more time in discovery disputes than in trials. Few plaintiffs or defendants are keen on spending time in a deposition, collecting documents, or handing over to their opponent evidence that could be…
Jun 25
Daubert In Product Liability Cases: Mid-2017 Update

Daubert In Product Liability Cases: Mid-2017 Update

I’ve written about the Supreme Court’s Daubert opinion many times before, tagging it with the label “junk science.” The phrase “junk science” never actually appeared in Daubert, but rooting it out…

Rank this Week: 180

California Punitive Damages

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

http://calpunitives.blogspot.com/

Aug 30
Court of Appeal reduces compensatory damages and orders matching reduction in punitives (Pulte Home v. American Safety Indemnity)

Court of Appeal reduces compensatory damages and orders matching reduction in punitives (Pulte Home v. American Safety Indemnity)

This published opinion issued today addresses a recurring issue in California punitive damages litigation: when an appellate court significantly reduces a compensatory damages award, what should the court do with a punitive damages award?The…
Aug 28
"The Talcum Tort-Stick Up"

"The Talcum Tort-Stick Up"

The Wall Street Journal ran this opinion piece last Friday, attacking the talc litigation that generated the huge punitive damages verdict in LA last week.
Aug 21
L.A. jury awards $347 million in punitive damages against Johnson & Johnson in talc case

L.A. jury awards $347 million in punitive damages against Johnson & Johnson in talc case

Reuters reports that a jury in Los Angeles today awarded $417 million in damages, including $347 million in punitive damages, against Johnson & Johnson.This verdict follows on the heels of four other large verdicts against Johnson &…

Rank this Week: 177

Tort Talk

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

http://www.torttalk.com/

Sep 18
Landlord Not Liable for Criminal Acts Off the Leased Premise

Landlord Not Liable for Criminal Acts Off the Leased Premise

In the case of Bonacci v. Pal, No. 2015-CV-4501 (C.P. Lacka. Co. Aug. 25, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted a residential landowner’s demurrer in a wrongful death case on…
Sep 15
CUMMINS MEDIATION SERVICES

CUMMINS MEDIATION SERVICES

After realizing recent successes in bringing personal injury civil litigation cases to an amicable resolution while serving as a Federal Court Mediator for the Middle District, I wish to offer my services for private…
Sep 15
Summary Judgment Granted in Bad Faith Claim Where Delays in Claims Process Caused, In Part, by Insured

Summary Judgment Granted in Bad Faith Claim Where Delays in Claims Process Caused, In Part, by Insured

In the bad faith decision of Doherty v. Allstate Indem. Co., No. 15-05165 (E.D. Pa. April 6, 2017 Pappert, J.), the court granted the carrier summary judgment in a claim arising out of allegations of poor investigation and claims handling by…

Rank this Week: 240

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/

Aug 7
Judge Shadur is Retiring

Judge Shadur is Retiring

Effective September 1, 2017, Senior Judge Milton Shadur will retire from the N.D. Illinois bench. Judge Shadur was appointed by President Carter and has served as a federal judge on the Northern District bench for 37 years. Chief Judge…
Jul 31
Trademark May Protect Non-Functional Elements of an Expired Patent

Trademark May Protect Non-Functional Elements of an Expired Patent

Solo Cup Operating Corp. v. Lollicup USA, Inc., No. 16 C 8041, Slip Op. (N.D. Ill. May 17, 2017) (Lefkow, J.). Judge Lefkow granted plaintiff Solo Cup’s Fed. R. Civ. P. 12(b)(6) motion to dismiss several of defendant Lollicup’s…
Jul 28
Summary Judgment of Invalidity Based Upon a Naked License Requires a High Burden

Summary Judgment of Invalidity Based Upon a Naked License Requires a High Burden

Bodum USA, Inc. v. A Top New Casting, Inc., No. 16 C 2916, Slip Op. (N.D. Ill. May 10, 2017) (Kennelly, J.). Judge Kennelly denied defendant A Top’s motion for summary judgment based upon plaintiff Bodum’s alleged…

Rank this Week: 250

Class Action Defense Blog

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

http://classactiondefense.jmbm.com/

Mar 28
Look Before You Leap: Practical Considerations Regarding Class Action Waivers in Arbitration Agreement

Look Before You Leap: Practical Considerations Regarding Class Action Waivers in Arbitration Agreement

I recently contributed an article to Thomson Reuters’ Legal Current on Practical Considerations Regarding Class Action Waivers in Arbitration Agreements: After the Supreme Court decision in AT&T Mobility LLC v. Concepcion, 563 U.S.…
Mar 28
Look Before You Leap: Practical Considerations Regarding Class Action Waivers in Arbitration Agreement

Look Before You Leap: Practical Considerations Regarding Class Action Waivers in Arbitration Agreement

Look Before You Leap: Practical Considerations Regarding Class Action Waivers in Arbitration Agreements I recently contributed an article to Thomson Reuters’ Legal Current on Practical Considerations Regarding Class Action Waivers in…
Aug 14
Class Action Defense Cases: American Arbitration Association (AAA) Enforces Binding Individual Arbitration While JAMS Allows Plaintiff To Unilaterally Include Dozens Of Employees In Single Arbitration Proceeding

Class Action Defense Cases: American Arbitration Association (AAA) Enforces Binding Individual Arbitration While JAMS Allows Plaintiff To Unilaterally Include Dozens Of Employees In Single Arbitration Proceeding

AAA Requires Separate Arbitration Petitions by Employees Subject to Arbitration Clause with Class Action Waiver but JAMS Permits Plaintiff to Unilaterally Join Dozens of Individual Employee Claims in Single Arbitration JMBM recently litigated…

Rank this Week: 275

Louisiana Law Blog

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

http://www.louisianalawblog.com/

Sep 16
Kean Miller Donates $25,000 To Hurricane Harvey Relief Effort

Kean Miller Donates $25,000 To Hurricane Harvey Relief Effort

As we learned during the flooding in South Louisiana in August of 2016, the help of our neighbors and friends in Texas and around the country strengthened us, and allowed our communities to rebuild and flourish. That’s part of the…
Sep 6
Louisiana Department of Environmental Quality Issues an Updated Emergency Order – Hurricane Harvey

Louisiana Department of Environmental Quality Issues an Updated Emergency Order – Hurricane Harvey

By Tokesha Collins-Wright On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August 24, 2017. That earlier…
Sep 5
Judge Strikes Down OT Rule

Judge Strikes Down OT Rule

By A. Edward Hardin, Jr., Brian R. Carnie, and Erin L. Kilgore A Federal District Judge in Texas struck down an Obama administration Department of Labor Wage and Hour Division rule that would have nearly doubled the salary basis requirement…

Rank this Week: 444

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/

Sep 15
Parents Win Anti-Bullying Lawsuit Against Clark County School District

Parents Win Anti-Bullying Lawsuit Against Clark County School District

How well are anti-bullying policies being implemented in America’s schools? That question is at the heart of a case against Nevada’s Clark County School District. The parents who brought the case say that not only were they not…
Sep 8
EEOC Sues Estée Lauder Over Gender Discrimination in Parental Leave Policy

EEOC Sues Estée Lauder Over Gender Discrimination in Parental Leave Policy

Most company executives are aware of the FMLA benefits due to expectant mothers who work at their firm. Perhaps they even provide those mothers with extra benefits, like a few weeks of paid leave just before or after the birth. While mothers…
Sep 1
Enjoy Labor Day!

Enjoy Labor Day!

Labor Day is upon us. Summer is unofficially over. Many kids have started school and the rest will start in a few days . . .

Rank this Week: 511

The Law of Evidence

Discusses evidentiary rules, objection practices, and court rulings. By Jesse Langel.

http://jesselangelevidence.blogspot.com

Sep 9
Getting into Evidence Previously Written Notes: Past Recollection Recorded

Getting into Evidence Previously Written Notes: Past Recollection Recorded

D, a lawyer, was sued by P for malpractice for giving bad advice at a legal seminar. The advice at issue related to eligibility requirements of S-corporation shareholders. To prove that D provided the bad advice, P calls W, a different…
Sep 4
Must Prosecutor Accept Stipulated Fact as to Felon Status? Relevancy v. Prejudice

Must Prosecutor Accept Stipulated Fact as to Felon Status? Relevancy v. Prejudice

D is being prosecuted for 1) being a felon in possession of a firearm, and 2) assault with a deadly weapon. Prior to trial, D offers to stipulate that he is a “felon” as defined by the applicable statute. In return, he requests…
Feb 4
1st Objection to Admissibility of an Exhibit: Improper Foundation Witne

1st Objection to Admissibility of an Exhibit: Improper Foundation Witne

In a trial, any piece of evidence (i.e. document, diagram, photo, police report, summary) offered by any party requires a particular foundation procedure to establish that the exhibit is reliable and relevant. Since I personally have…

Rank this Week: 359

Ringler Radio - Legal Settlements

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

http://legaltalknetwork.com/podcasts/ringler-radio

Sep 4
Alleviating the Workers’ Compensation and Disability Management Proce

Alleviating the Workers’ Compensation and Disability Management Proce

The workers’ compensation and disability management process can be complicated for both employers and their workers. In this Ringler Radio podcast, host Larry Cohen and co-host, Duke Wolpert talk about…
Aug 15
The Claims and Litigation Management Alliance and Universal Claims Certification

The Claims and Litigation Management Alliance and Universal Claims Certification

The Claims and Litigation Management Alliance (CLM), the largest professional association in the insurance industry, recently announced a new initiative, the Universal Claims Certification (UCC), which is a certification program with a goal…
Jul 17
Sports Concussions on the Field

Sports Concussions on the Field

Professional athletes in the NFL and other professional sports have concussions on the field, leading to questions about the long-time impact on a player’s health and workers compensation litigation cases. Today on Ringler Radio, host,…

Rank this Week: 419

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

Aug 21
Mandatory e-filing in the California Supreme Court is imminent – learn the rules!

Mandatory e-filing in the California Supreme Court is imminent – learn the rules!

The California Supreme Court adopted voluntary e-filing this summer, but e-filing will become mandatory on September 1, 2017. The court uses the TrueFiling system, which I have found to be rather user-friendly.…
Aug 21
How flexible is that midnight electronic filing deadline in federal court?

How flexible is that midnight electronic filing deadline in federal court?

When I was a young lawyer, my mentor told me, “Practice law as if the rules will always be strictly enforced against you but will never be strictly enforced against the adverse party.” Wise words. Last week I posted about a…
Aug 15
Should a respondent always move to strike a defective appellant’s opening brief?

Should a respondent always move to strike a defective appellant’s opening brief?

A brief must “[s]tate each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority.” (Cal. Rules of Court, rule 8.204(a)(1)(B).) A party may…

Rank this Week: 500

ClassActionBlawg.com

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

http://classactionblawg.com

Jul 12
Don’t Miss Tomorrow’s ABA CADS Roundtable on the Use of Surveys and Statistics in Class Action

Don’t Miss Tomorrow’s ABA CADS Roundtable on the Use of Surveys and Statistics in Class Action

Tomorrow, July 13, 2017 at 1:00 p.m. EDT, I’ll be presenting on a panel of attorneys and experts discussing the use of surveys and statistics in class actions. The presentation is part of the ABA’s Committee Roundtable…
Jul 12
Don’t Miss Tomorrow’s ABA CADS Roundtable on the Use of Surveys and Statistics in Class Action

Don’t Miss Tomorrow’s ABA CADS Roundtable on the Use of Surveys and Statistics in Class Action

Tomorrow, July 13, 2017 at 1:00 p.m. EDT, I’ll be presenting on a panel of attorneys and experts discussing the use of surveys and statistics in class actions. The presentation is part of the ABA’s Committee Roundtable…
May 12
Register Now for the 4th Annual ABA Regional CLE Program on Class Actions and Mass Torts – June 16 in San Francisco

Register Now for the 4th Annual ABA Regional CLE Program on Class Actions and Mass Torts – June 16 in San Francisco

I’m pleased to announce that I’ll be chairing the Fourth Annual ABA Regional CLE Program on Class Actions and Mass Torts, to be held on June 16, 2017 at the offices of the Bar Association of San Francisco. This year’s…

Rank this Week: 501

Blawgletter

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

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

Jun 28
Join The Contingency

Join The Contingency

Dear Blawgletterati Member, You, a special person You belong to an elite group – the highly intelligent readers of Blawgletter, one of the 10 all-time most popular Trials and Litigation law blogs on Justia. With Blawgletter’s farewell,…
Jun 16
Blawgletter® Has Moved!

Blawgletter® Has Moved!

Blawgletter® has moved to a new location, and is now The Contingency. You will be redirected shortly.
Jun 14
DNA and Pricing Patents Fall to Mayo and Alice

DNA and Pricing Patents Fall to Mayo and Alice

Unpatentable subject matter A pair of Federal Circuit opinions last week rejected patents involving patent-ineligible subject matter. What does that include, you ask? As Blawgletter noted last year in "You Still Can't Patent Ideas":…

Rank this Week: 329

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/

Apr 13
National Academies reports - Growth of Incarceration

National Academies reports - Growth of Incarceration

The Growth of Incarceration in the United States: Exploring Causes and Consequences (2014), packed with research and analysis from social scientists and policy experts, is available as a free PDF from the National Academies Press.This…
Apr 9
Evidence-Based Practice in Criminal Defense

Evidence-Based Practice in Criminal Defense

This interesting paper was recently posted on SSRN:Jennifer E. Laurin, Gideon by the Numbers: The Emergence of Evidence-Based Practice in Indigent Defense, Ohio State Journal of Criminal Law, Forthcoming 2015Abstract: A widespread…
Apr 3
Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

Conviction Reversed Because Expert Testimony re Eyewitness ID Excluded

Interesting case from New York: Joel Stashenko, Conviction Reversed as Expert Barred from Testifying, N.Y.L.J., April 3, 2015.The case is People v. McCullough, 11-01614 (N.Y. Sup. Ct., App. Div. March 27, 2015), link to court website

Rank this Week: 454

The Briefcase

Comments on Ohio law with an emphasis on criminal law. By Russ Bensing.

http://www.briefcase8.com/

Feb 28
Friday Roundup

Friday Roundup

Big news from SCOTUS. Not really. The Potamac Nine did come down with a decision in a criminal case, Fernandez v. California. The Highly Abbreviated Version of What Went Down: the cops arrested Fernandez at his home,…
Feb 27
My latest experiences with the burning bush

My latest experiences with the burning bush

I do a lot of appeals -- over 150, my BFF Lexis tells me -- and I'm constantly amazed at how much I still learn. I've had two recent epiphanies. The first is that the best time to start practicing for oral argument is just before…
Feb 26
An unlikely story

An unlikely story

Every trial is a story. The prosecution has a story. The defense has a story. Oftentimes, the defense story is nothing more than that the prosecution hasn't proved their story beyond a reasonable doubt. The prosecution's…

Rank this Week: 336

Federal Civil Practice Bulletin

Covers federal civil practice and procedure. By Washington & Lee University School of Law, Professor A. Benjamin Spencer.

http://federalcivilpracticebulletin.blogspot.com/

Jan 13
Coleman on the Abrogation of Rule 84 and the Appendix of Form

Coleman on the Abrogation of Rule 84 and the Appendix of Form

Brooke Coleman (Seattle) has just posted an essay entitled Abrogation Magic: The Rules Enabling Act, Civil Rule 84, and the Forms on SSRN. Here is the abstract:The Committee on the Federal Rules of Practice and Procedure seeks to…
Aug 26
Cincinnati College of Law Celebrates the 75th Anniversary of the Federal Rules of Civil Procedure

Cincinnati College of Law Celebrates the 75th Anniversary of the Federal Rules of Civil Procedure

Date: August 27,…
Mar 19
SCOTUS Decides Standard Fire Insurance Co. v. Knowle

SCOTUS Decides Standard Fire Insurance Co. v. Knowle

From BNA's Supreme Court Today:Standard Fire Insurance Co. v. Knowles, No. 11-1450: A would-be class plaintiff's stipulation that he and the class he seeks to represent will not seek damages greater than $5 million total, which is the…

Rank this Week: 383

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/

Sep 19
Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

By Gerald L. Maatman, Jr. and Alex W. Karasik Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a…
Sep 15
New Class Action Litigation Risks – What Businesses Need To Know

New Class Action Litigation Risks – What Businesses Need To Know

Seyfarth Synopsis: The plaintiffs’ bar has recently brought a flurry of class action lawsuits against businesses under the Illinois Biometric Information Privacy Act, commonly known as “BIPA.” In this Vlog, Seyfarth…
Sep 1
Seventh Circuit Rejects And Lambasts “Worthless” Settlement For Class Of Subway Sandwich Purchaser

Seventh Circuit Rejects And Lambasts “Worthless” Settlement For Class Of Subway Sandwich Purchaser

By Gerald L. Maatman, Jr. and John S. Marrese Seyfarth Synopsis: In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit…

Rank this Week: 664

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

http://www.theexpertinstitute.com/blog/

Sep 19
Selecting an Expert Witness: Pitfalls and Best Practice

Selecting an Expert Witness: Pitfalls and Best Practice

The more complex your case, the more likely it is that you will need one or more expert... Read More The post Selecting an Expert Witness: Pitfalls and Best Practices appeared first on The Expert Institute.
Sep 14
The Accident Free Riding Program – Assessing Liability in Riding Accident

The Accident Free Riding Program – Assessing Liability in Riding Accident

Key points that are beneficial to understanding most riding accidents arose during a case in which I was... Read More The post The Accident Free Riding Program – Assessing Liability in Riding Accidents appeared first on The Expert…
Sep 14
How to be a Better Expert Witne

How to be a Better Expert Witne

If you are reading this blog, chances are that you are: (1) An attorney looking for an expert... Read More The post How to be a Better Expert Witness appeared first on The Expert Institute.

Rank this Week: 728

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com

Sep 19
Oral Argument Preview: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

Oral Argument Preview: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

On September 26, 2017, the Supreme Court of Ohio will hear oral argument in Preterm-Cleveland, Inc. v. Governor John R. Kasich et al, 2016-1252. The issue in this case is whether Preterm-Cleveland Inc. has standing to challenge the…
Sep 15
Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian

Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian

On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in Stewart v. Vivian, Slip Opinion No. 2017-Ohio-7526. The court was asked to answer the following certified question: “[Are] a health care…
Sep 11
Merit Decision: Auto Accident Victim Cannot Recover from Strip Club for Injuries Caused by Intoxicated Dancer. Johnson v. Montgomery.

Merit Decision: Auto Accident Victim Cannot Recover from Strip Club for Injuries Caused by Intoxicated Dancer. Johnson v. Montgomery.

“Nothing in our precedents dictates that the word “person” be limited to patrons.” Justice DeWine, majority opinion “I am unable to join a majority decision that absolves from liability a liquor-permit holder who…

Rank this Week: 600

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/

Sep 18
Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and Pennsylvania in…
Sep 17
“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practice

“Primed” to Learn About Rule 34 of the FRCP? Here’s a New Primer from The Sedona Conference: eDiscovery Best Practice

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, we’re seeing lots of cases that relate to disputes associated with Rule 34 of the Federal Rules of Civil…
Sep 16
Customer Snapshot: An Immediate International Compliance Challenge Met by CloudNine

Customer Snapshot: An Immediate International Compliance Challenge Met by CloudNine

Upon successful demonstration of the eDiscovery platform and presentation of a simplified pricing model that would meet the customer's needs and provide cost savings over the customer's previous eDiscovery offering, the law firm selected…

Rank this Week: 823

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

Sep 18
PERS in a Death Spiral?

PERS in a Death Spiral?

This John Mauldin article posted on Zero Hedge is scary for PERS participants and taxpayers. Although I recommend the entire piece, here are some key observations: Today we will zero in on one of those forces, which last week I called…
Sep 5
Defense Verdict in Grenada County Medical Malpractice Trial

Defense Verdict in Grenada County Medical Malpractice Trial

On August 18, 2017 a Grenada County jury returned a defense verdict in Estate of Angle v. Wade. Plaintiffs alleged the wrongful death of Merle Angle. Mr. Angle presented to the emergency room in November 2012 with significant angioedema…
Aug 30
August Miss. Jury Verdict Reporter Preview

August Miss. Jury Verdict Reporter Preview

Here is a preview of the August 2017 issue of the Miss. Jury Verdict Reporter: $600,000 verdict- Clay County bad faith case covered here (7/22/17); $188,622 bench verdict- Pearl River County breach of contract case (4/25/17); $77,359 verdict…

Rank this Week: 652

the complex litigator

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

http://thecomplexlitigator.com/post-data/

Sep 15
Law-less Friday: Treat those summer associates right!

Law-less Friday: Treat those summer associates right!

How do you make summer associates feel like they are part of a team? You prank them.
Sep 15
In Lambert v. Nutraceutical Corp., the Ninth Circuit examines Rule 23(f) petition

In Lambert v. Nutraceutical Corp., the Ninth Circuit examines Rule 23(f) petition

I won't diminish the expectant quality of your Friday by providing a blow-by-blow of the decision, but Lambert v. Nutraceutical Corp. (9th Cir. Sept. 15, 2017) takes a thorough look at the timing requirements of Fed. R. Civ. P. 23(f)…
Sep 5
Just reading Cortez v. Doty Bros. Equipment Company should earn you CLE credit for appellate specialization

Just reading Cortez v. Doty Bros. Equipment Company should earn you CLE credit for appellate specialization

When I started reading this opinion, I went a little too fast on the first page, read on a few more pages, got really confused, re-read the first page, and then re-read the next four pages, marveling and what happened. Cortez v. Doty…

Rank this Week: 733

Southern California Appellate News

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

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

Sep 15
Memorial for Judge Noonan

Memorial for Judge Noonan

On Monday, 9/18 at 4:00, the 9th Circuit will hold--and livestream at this link--a Memorial Ceremony for Judge John T. Noonan.
Sep 15
Registration now open for "Federalism Now"

Registration now open for "Federalism Now"

FEDERALISM NOWUC Berkeley School of Law, Friday, Nov. 3 9:00 to 5:30Free admission, registration requiredlaw.berkeley.edu/federalismnowThis full-day conference will bring together a diverse set of scholars, practitioners, and policymakers to…
Sep 15
14-day 23(f) deadline not jurisdictional

14-day 23(f) deadline not jurisdictional

Today the 9th Circuit finds the Rule 23(f) 14-day deadline to seek appellate review is not jurisdictional and may be subject to tolling. Opinion is here.The panel held that the fourteen-day Rule 23(f) deadline was not jurisdictional.…

Rank this Week: 759

e-Lessons Learned

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

http://ellblog.com

Sep 15
A Tale of Two Motions to Compel: The Need to Read the Rule

A Tale of Two Motions to Compel: The Need to Read the Rule

Author: Brendan Johnson Case Citation: Pyle v. Selective Ins. Co. of Am., No. 2:16-cv-335, 2016 U.S. Dist. LEXIS 140789 (W.D. Pa. Sep. 30, 2016). See attached PDF. Employer/Employee Implicated: No Employees…
Aug 15
What Happens When an Employee Goes on an E-mail Deleting Spree?

What Happens When an Employee Goes on an E-mail Deleting Spree?

Author: E-Discovery Guru Case Citation: Orchestratehr v. Trombetta, 178 F.Supp.3d 476 (N.D.Tex. 2016) Employee Implicated: Employee eLesson Learned: Failure to prove that e-mails pertaining to a discovery request were deleted in bad…
Jul 15
IRS is 0-2 in a Battle Against Technology Assisted Review

IRS is 0-2 in a Battle Against Technology Assisted Review

Author: Stephen Daniels Case Citation: Dynamo Holdings v. Comm’r of Internal Revenue, Docket No. 2685-11, 8393-12 (T.C. July 13, 2016). eLesson Learned: Judicial bodies are trending towards acceptance of…

Rank this Week: 1237

South Florida Trial Practice

By Fox Rothschild LLP.

https://southfloridatrial.foxrothschild.com/

Sep 14
Boston Terriers Revolt – Mass. Considers Law to Penalize Fake Service Dog

Boston Terriers Revolt – Mass. Considers Law to Penalize Fake Service Dog

Following up on my earlier post regarding fake service dogs, news from up north that Massachusetts is also considering a law to penalize those that pass off pets at service dogs. The bill would makes passing a pet off as a service…
Sep 13
Time to Get Back To Work After Hurricane Irma – Part I

Time to Get Back To Work After Hurricane Irma – Part I

Hurricane Irma did a number on South Florida and the Keys and while many people have no power and damage (myself included), we are all getting back to work. Over the next few days I’m going to focus my posts on post-Irma…
Aug 31
Dear Mortgage Lender – Where Debtors Surrender, Act Quickly

Dear Mortgage Lender – Where Debtors Surrender, Act Quickly

The Eleventh Circuit’s ruling in the Failla case was triumph for mortgage lenders when it affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… [w]hile…

Rank this Week: 1030

Juries

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

http://juries.blogspot.com/

Sep 14
Cara Menyadap Whatsapp Orang Lain Dengan Mudah

Cara Menyadap Whatsapp Orang Lain Dengan Mudah

Whatsapp adalah aplikasi chatting sebagai pengganti sms yang hampir dimiliki semua pengguna ponsel baik itu android, ios dan lainnya. Dimana aplikasi pintar ini memiliki banyak sekali fungsi, seperti halnya untuk sms, voice note, mengirim…
Jan 27
model rambut messi gaya rambut terbaru

model rambut messi gaya rambut terbaru

Pengagum sepak bola terutama fans bobot Lionel Messi anyar saja nih di buat ramai oleh mengedarnya tampilan rambut anyar sang bintang. Lewat account instagram pribadi sang istri, Antonela Roccuzzo (@antoroccuzzo88) rambut anyar Lionel…
Jan 26
tips merias wajah anak untuk hari kartini

tips merias wajah anak untuk hari kartini

Tepatnya tanggal 21 April 2015, diperingati yang menjadi Hari Kartini. Tiap-tiap Hari Kartini banyak sekolah, lembaga, serta perusahan memperingatinya oleh cara lakukan karnaval. Peserta karnaval diwajibkan memakai baju kebiasaan atau…

Rank this Week: 1207

Litigation Consulting Report

Covers trial presentation theory, trial graphics designs, trial technician recommendations and jury research methodologies. By A2L Consulting.

http://www.a2lc.com/blog/

Sep 11
Courtroom Technology and Its Limitation

Courtroom Technology and Its Limitation

We write here frequently about the importance of using visual evidence in trials and indeed in all sorts of other legal forums. But technology is not the be-all and end-all of persuasion. It is a very useful tool, but the importance of…
Sep 7
Jurors Will Believe Anything (That They Already Believe)

Jurors Will Believe Anything (That They Already Believe)

During one college summer, I used to engage in aikido, a martial art. In retrospect, it was all a bit goofy, but I learned some good lessons from it. In particular, I learned about a technique common to many of the martial arts and to…
Aug 29
Thank You, Boston, Mass., & Most Big Cities Too

Thank You, Boston, Mass., & Most Big Cities Too

Many times in a typical year, A2L is voted #1 in one of our service areas (jury consulting, litigation graphics consulting, and hot-seat/trial technology consulting) in reader-driven polls. Often these polls are conducted by major legal…

Rank this Week: 1147

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com

Sep 11
Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation

Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation

In Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017) the Ninth Circuit decided once again to make abusive serial ADA litigation as easy as possible, ignoring both the…
Sep 7
ADA and the internet – you can be tagged for what your vendors do wrong.

ADA and the internet – you can be tagged for what your vendors do wrong.

Near the end of the decision in Gil v. Winn-Dixie Stores, Inc., 2017 WL 2547242, at *3 (S.D. Fla. June 12, 2017) the trial court includes in its injunctive relief a requirement that Winn-Dixie “require any third party…
Aug 27
Common sense and the ADA – A breath of fresh air from California

Common sense and the ADA – A breath of fresh air from California

Strong v. Johnson et al, 2017 WL 3537746 (S.D. Cal. Aug. 27, 2017) probably won’t go down in history as a landmark ADA decision, but shows a sometimes uncommon level of common sense about the difference between technical ADA…

Rank this Week: 781

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/

Sep 8
Advocate v. Advisor: Estimating Likelihood of Succe

Advocate v. Advisor: Estimating Likelihood of Succe

“We’re going to win,” a board-member announced, pointing at the application for a temporary restraining order, and looking around the room. Turning her gaze to me, she reiterated, “it says, ‘Plaintiff Will Likely…
Sep 5
Talking Legal Tech on New Solo

Talking Legal Tech on New Solo

Anyone familiar with me as a lawyer knows I have a penchant for legal technology. It’s a regular topic of discussion around here, particularly as it relates to modern-day appellate practice. I’m always looking for ways to…
Sep 1
Texas Supreme Court Jurisdiction, Part III: What’s Old May Be New in the Statutory Renovation

Texas Supreme Court Jurisdiction, Part III: What’s Old May Be New in the Statutory Renovation

As discussed in my previous two posts (here and here), the Texas Legislature has made significant changes to statutes demarcating the Texas Supreme Court’s jurisdiction. In what appears to be an effort to renovate, the…

Rank this Week: 922

Austin Personal Injury Blog

Litigation and injury news, cases and commentary. By Perlmutter & Schuelke, LLP.

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

Sep 1
Texas’s Texting While Driving Ban Goes Into Affect Today. Will It Make You Less Safe?

Texas’s Texting While Driving Ban Goes Into Affect Today. Will It Make You Less Safe?

Today, Texas’s new texting while driving ban goes into affect. For the first time, Texas will have a state-wide ban. A violation of the ban is a misdemeanor, with fines between $25 and $99 for first time offenders and $100…
Aug 25
Will Victims Of Hurricane Harvey Be Victimized Twice?

Will Victims Of Hurricane Harvey Be Victimized Twice?

Our thoughts and prayers are with all of those in the path of Hurricane Harvey. The potential damage is simply heartbreaking. Unfortunately, due to the timing of the storm, it also makes it likely that many of you who suffer…
Aug 1
I’ve Handled Dog Attacks, But A Pig Attack? What’s The Law On That?

I’ve Handled Dog Attacks, But A Pig Attack? What’s The Law On That?

Over the years, I’ve handled a number of dog attack cases, but last week, I read a story about a 3 year old Alabama girl who was injured when she was attacked by a neighbor’s pig. I don’t want to make light of the story…

Rank this Week: 1113

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/

Sep 1
Florida Court on judges and Facebook friend

Florida Court on judges and Facebook friend

Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Florida Court on judges and Facebook friends Courts and ethics committees have been grappling with the issue of judges using social media for…
Aug 8
NYC Bar on lawyers’ ethical obligations at the border

NYC Bar on lawyers’ ethical obligations at the border

Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** NYC Bar on lawyers’ ethical obligations at the border Since the election, border crossings have been subject to greater scrutiny by…
Jul 24
Ohio Bar green lights cloud computing and virtual law firm

Ohio Bar green lights cloud computing and virtual law firm

Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Ohio Bar green lights cloud computing and virtual law firms Cloud computing - where electronic data is stored offsite on servers owned and…

Rank this Week: 1044

Chicago Trial Attorney Blog

Covers business, contracts, and nursing home negligence litigation. By Philip J. Berenz.

http://www.counseloroffices.net/

Aug 31
Drowsy Driving Causes Accident

Drowsy Driving Causes Accident

The National Highway Traffic Safety Administration estimated drowsy driving caused the following in 2016: 72,000 crashes 44,000 injuries 800 deaths Up to 6,000 fatal crashes each year may be caused by drowsy drivers. According to the National…
Jun 12
Texting = Distracted Driving!

Texting = Distracted Driving!

Distracted driving is a killer. Please don’t text and drive! According to the U.S. Department of Transportation, National Highway Safety Administration (“NHTSA”) in a study here found that: -71% of teens and young people say…
Feb 28
Chicago Trial Attorney: Personal Injury Matters – Car Accidents and Insurance

Chicago Trial Attorney: Personal Injury Matters – Car Accidents and Insurance

The other driver had no insurance? Not “enough” insurance? Happens ALL the time! I get these questions daily. My clients are shocked to learn that (a) people actually drive cars with no insurance – as in 0 insurance; (b)…

Rank this Week: 1133

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