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How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com

Sep 25
"The Case Against Partisan Gerrymandering: It is both durable and democratically subversive; It's time for the Supreme Court to intervene."

"The Case Against Partisan Gerrymandering: It is both durable and democratically subversive; It's time for the Supreme Court to intervene."

"The Case Against Partisan Gerrymandering: It is both durable and democratically subversive; It's time for the Supreme Court to intervene." Law professor Nicholas Stephanopoulos has this jurisprudence essay online at Slate.
Sep 25
"One Of Trump's Judicial Nominees Sits On The Board Of A Group That Defends 'Conversion' Therapy"

"One Of Trump's Judicial Nominees Sits On The Board Of A Group That Defends 'Conversion' Therapy"

"One Of Trump's Judicial Nominees Sits On The Board Of A Group That Defends 'Conversion' Therapy": Zoe Tillman of BuzzFeed News has this report.
Sep 25
I just registered online to attend the 2017 AJEI Summit in Long Beach, CA

I just registered online to attend the 2017 AJEI Summit in Long Beach, CA

I just registered online to attend the 2017 AJEI Summit in Long Beach, CA: And you can, too, via this link. Although online registration supposedly requires you to sign-up for a Duke Conference and Event Services account, the process is…

Rank this Week: 132

Expert Witness Blog

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

http://www.expertwitnessblog.com/

Sep 25
Automotive Engineering Expert Witness Partially Allowed

Automotive Engineering Expert Witness Partially Allowed

Plaintiff filed suit after a car in which he was a passenger rolled over, causing injury. Plaintiff hired an automotive engineering expert witness to provide testimony, and the defendants filed a motion to exclude. The court…
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…

Rank this Week: 538

SCOTUSblog

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

http://www.scotusblog.com/

Sep 25
Petition of the day

Petition of the day

The petition of the day is: Great Plains Lending, LLC v. Consumer Financial Protection Bureau 17-184 Issue: Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should…
Sep 25
Cert grants from the long conference: The September effect

Cert grants from the long conference: The September effect

The Supreme Court’s September 25 “long conference” is now behind us; if the past is any guide, the grants out of that conference should be released on Thursday, September 28. The initial grants out of the long conference are…
Sep 25
Event Announcement: Entry-Ban Discussion at Heritage Foundation

Event Announcement: Entry-Ban Discussion at Heritage Foundation

On September 28 at 12 pm, the Heritage Foundation will host an event titled, “Is the Immigration Order Constitutional? – Trump v. International Refugee Assistance Project.” Speakers include Will Consovoy and David Fontana;…

Rank this Week: 15

Southern California Appellate News

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

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

Sep 25
Catching up...

Catching up...

Catching up on appellate articles from last week:The ABA Journal offered Is Posner's 'baffling' book an ethics breach? Chief judge objects to release of internal memos.The DJ's Moskovitz on Appeals column was Can you DIG it,…
Sep 25
Dodging appellate sanction

Dodging appellate sanction

Here's a final footnote in this unpub'd decision here that sticks it to an appellant: Any remaining points in [Appellant's] opening brief “are simply overtaken or outflankedby resolution of the matters which we…
Sep 25
5th DCA Pro Tem update

5th DCA Pro Tem update

Judge Donald S. Black of the Superior Court of Fresno County will be sitting Pro-Tem beginning August 1, 2017 until November 30, 2017

Rank this Week: 108

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 25
What’s On Their Minds: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.

What’s On Their Minds: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.

“My problem is, I’m still trying to figure out what damage did LGR have before their insurance company refused to defend them?” Justice O’Neill On September 12, 2017, the Supreme Court of Ohio heard oral argument in…
Sep 21
What’s On Their Minds: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

What’s On Their Minds: Will N.W. Ohio’s Last Abortion Clinic Remain Open? Capital Care Network of Toledo v. State of Ohio Department of Health.

On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of Capital Care Network of Toledo v. State of Ohio Department of Health (2016-1348). At issue in this case is the permissibility of requiring … Continue…
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…

Rank this Week: 1984

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

Sep 25
TrueFiling comes to the Second District Court of Appeal

TrueFiling comes to the Second District Court of Appeal

Perhaps the title of this post should be the other way around: The Second District Court of Appeal comes to TrueFiling. Although the The Second District has had e-filing for some document sin place for several years, it appears to…
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…

Rank this Week: 556

CVN Legal News

Provides news stories, analysis, and video clips on major state-law, civil trials throughout the nation.

http://www.cvn.com/news

Sep 25
Suit By Smoker's Widow to Blow Back into Florida Court After 2016 Hurricane Caused Mistrial

Suit By Smoker's Widow to Blow Back into Florida Court After 2016 Hurricane Caused Mistrial

Stock image. Melbourne, FL—As Florida recovers from the statewide devastation wreaked by Hurricane Irma this month, jury selection is scheduled to begin next week in a tobacco case whose 2016 trial was scuttled by the approach…
Sep 20
Trial Begins in Former FedEx Employee’s Whistleblower Retaliation Lawsuit

Trial Begins in Former FedEx Employee’s Whistleblower Retaliation Lawsuit
Sep 19
Robert Monyak Details 2 "Worlds" in Closings That Help Clear Doc in Trial Over Vacuum-Assisted Birth |VIDEO|

Robert Monyak Details 2 "Worlds" in Closings That Help Clear Doc in Trial Over Vacuum-Assisted Birth |VIDEO|

Using an analogy to paint your opponent’s case in simple, stark contrast to your own can serve as a powerful introduction to a closing argument. In closings of a malpractice trial against a physician accused of negligence…

Rank this Week: 216

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 25
Voir Dire on Islamophobia

Voir Dire on Islamophobia

By Dr. Ken Broda-Bahm: President Trump has just announced the third version of his ban on travel to the U.S. by residents from specific countries. This time the ban includes the unlikely traveler from North Korea and some Venezuelan…
Sep 21
Recognize the Weakness of ‘Hardball’ Rhetoric

Recognize the Weakness of ‘Hardball’ Rhetoric

By Dr. Ken Broda-Bahm: In his speech to the UN General Assembly last Tuesday, President Trump issued a pretty blunt threat. If the United States is forced to, he said, “We will have no choice but to totally destroy North Korea." It was…
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…

Rank this Week: 354

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 25
3 Keys to Structuring a Contract

3 Keys to Structuring a Contract

Before you draft any of the provisions, you need to consider how you will structure the contract. In a nutshell, think about what to include, how to organize it, and ease of reading. 1. Consider the principles of contract construction. A…
Sep 22
What to Tell a Client When the Case Lacks Merit

What to Tell a Client When the Case Lacks Merit

When you’re hired to make an initial case evaluation, make sure you have an understanding with the client that, if you find that the case lacks merit, you won’t provide any further representation on it. A case may seem compelling…
Sep 20
How Tenants Can Get Remedies for Habitability Violations and Nuisance

How Tenants Can Get Remedies for Habitability Violations and Nuisance

When a landlord severely neglects maintenance issues or another tenant’s behavior causes a nuisance, California law gives tenants several ways to get relief. Tenants dealing with habitability violations or nuisances can bring an…

Rank this Week: 338

Day on Torts

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

http://www.dayontorts.com/

Sep 25
Fall-Down Case Goes to Jury

Fall-Down Case Goes to Jury

Just because a plaintiff’s actions may have arguably contributed to creating a dangerous condition does not mean summary judgment for defendant is guaranteed in a premises liability case. In Rader v. Ruby Tuesday, Inc., No.…
Sep 21
Exculpatory Provision Enforced in Transportation Agreement

Exculpatory Provision Enforced in Transportation Agreement

An exculpatory agreement contained in a contract for transportation services may be enforceable against a plaintiff claiming ordinary negligence. In Copeland v. Healthsouth/Methodist Rehabilitation Hospital, L.P., No. W2016-02499-COA-R3-CV…
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…

Rank this Week: 26

Everlaw Blog

Explores litigation and ediscovery technology - as well as its context in the broader legal space.

http://blog.everlaw.com

Sep 25
What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? Everlaw’s new…
Sep 19
Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Last week’s release brought an important new feature to the Everlaw platform and we can’t wait to tell you about it. With this release, we’ve taken an already game-changing feature—self-serve productions—and made…
Sep 7
Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

There are many challenges in multidistrict litigation (“MDL”), and a number of these are technical in nature. Using the right technology can help you move from constant headaches and human error to a smooth process where legal…

Rank this Week: 1245

The Everlaw Blog

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

http://blog.everlaw.com

Sep 25
What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? Everlaw’s new…
Sep 19
Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Last week’s release brought an important new feature to the Everlaw platform and we can’t wait to tell you about it. With this release, we’ve taken an already game-changing feature—self-serve productions—and made…
Sep 7
Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

There are many challenges in multidistrict litigation (“MDL”), and a number of these are technical in nature. Using the right technology can help you move from constant headaches and human error to a smooth process where legal…

Rank this Week: 2020

The Everlaw Blog

Comments on law, technology, and eDiscovery.

http://blog.everlaw.com/

Sep 25
What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

What to Do After an Inadvertent Production: Clawback Requirements of Federal Rule of Evidence 502

The inadvertent production of privileged discovery can be a significant challenge both legally and technically. Was the privilege waived with the inadvertent production? How can the production be technically clawed back? Everlaw’s new…
Sep 19
Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Big Improvements to Self-Serve Productions—You’re Going to Want to See Thi

Last week’s release brought an important new feature to the Everlaw platform and we can’t wait to tell you about it. With this release, we’ve taken an already game-changing feature—self-serve productions—and made…
Sep 7
Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

Overcoming the Technical Ediscovery Challenges in Multidistrict Litigation

There are many challenges in multidistrict litigation (“MDL”), and a number of these are technical in nature. Using the right technology can help you move from constant headaches and human error to a smooth process where legal…

Rank this Week: 2069

North Texas Legal News

Covers Texas business law. By Leiza Dolghih.

http://northtexaslegalnews.com/

Sep 25
2017 Welcomes Changes in Non-Compete Law

2017 Welcomes Changes in Non-Compete Law

This year, California, Illinois and Nevada amended their non-compete statutes to help protect employees' right to change employers. Idaho, Maryland, Massachusetts, New York, and Washington considered various amendments, but were unsuccessful…
Sep 6
Can an Employee Prepare to Compete with His Employer While Still on the Employer’s Payroll?

Can an Employee Prepare to Compete with His Employer While Still on the Employer’s Payroll?

In Texas, employees have the right to resign from employment and go into business in competition with their employers (absent a non-compete agreement). There is nothing legally wrong in engaging in such competition or in preparing to compete…
Aug 30
Texas Statute Prohibits Firing and Discrimination Against Employees Who Evacuate

Texas Statute Prohibits Firing and Discrimination Against Employees Who Evacuate

Texas employers may not discharge or otherwise discriminate against an employee who “leaves the employee’s place of employment to participate in a general public evacuation ordered under an emergency evacuation order.” Tex.…

Rank this Week: 2097

Minnesota Litigator

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

http://www.leventhalpllc.com/news-commentary/

Sep 25
Getting Government Information on Internet Criminal Activities to Defend a Civil Lawsuit

Getting Government Information on Internet Criminal Activities to Defend a Civil Lawsuit

Upsher-Smith Laboratories got tricked and lost about $37 million in an internet scam. Some foreign evil-doer(s) posed as the company’s CEO and sent orders to a now former Upsher-Smith employee to wire money for bogus foreign exchange…
Sep 22
You’re doing it all wrong. And, if you did it right, you’d still lose…

You’re doing it all wrong. And, if you did it right, you’d still lose…

Update (September 22, 2017): The signature style of U.S. District Court Judge Patrick J. Schiltz is the antithesis of the lawyer appearing before him as plaintiff’s counsel in Naca v. Macalester. Judge Schiltz is often short and to the…
Sep 20
Court Scam: State Courts Require a $299 (plus $5) Filing Fee To File a Notice of Removal?

Court Scam: State Courts Require a $299 (plus $5) Filing Fee To File a Notice of Removal?

It is a shame when a justice system behaves unjustly. In Minnesota, when a client is sued in state court and removes the case to federal court, the client is obligated to pay a “filing fee” to the state court for the simple filing…

Rank this Week: 3763

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/

Sep 25
Justice Kagan on the Benefits of the Supreme Court Bar

Justice Kagan on the Benefits of the Supreme Court Bar

As we get closer to the start of the Supreme Court's October 2017 term, it is time to think once again about the lawyers that we will likely see before the Court. Undoubtedly veteran Supreme Court advocates like Paul Clement...
Sep 22
Appellate Advocacy Blog Weekly Roundup September 22, 2017

Appellate Advocacy Blog Weekly Roundup September 22, 2017

Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure...
Sep 21
Meet Noel Francisco, the new Solicitor General, just in time for First Monday

Meet Noel Francisco, the new Solicitor General, just in time for First Monday

On September 19, 2017, Noel Francisco was confirmed, 50-47, as the new Solicitor General of the United States. As the Supreme Court is set to begin arguments on October 2, Solicitor General Francisco will have a busy next few days....

Rank this Week: 431

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 25
Checking the Government’s Deception Through Public Employee Speech

Checking the Government’s Deception Through Public Employee Speech

Heidi Kitrosser, The Special Value of Public Employee Speech, 2015 Sup. Ct. Rev. 301 (2016).Helen NortonSuppose the United States elected a president with authoritarian tendencies. Imagine that the president regularly attacked and undermined…
Sep 22
Contracting for the Public Good

Contracting for the Public Good

Patience A. Crowder, Impact Transaction: Lawyering for the Public Good through Collective Impact Agreements, 49 Ind. L. Rev. 621 (2016).Eboni NelsonAlthough contracts may not immediately come to mind when one considers measures by which to…
Sep 21
An Empirical Window into Retrospective Review

An Empirical Window into Retrospective Review

Wendy Wagner, William West, Thomas McGarity & Lisa Peters, Dynamic Rulemaking, 92 N.Y.U. L. Rev. 183 (2017), available at SSRN.Christopher WalkerRetrospective review remains a hot topic in administrative law. The Administrative Conference…

Rank this Week: 511

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 25
CAFA Applies Only To Plaintiff Class, And Not To Defendant Cla

CAFA Applies Only To Plaintiff Class, And Not To Defendant Cla

Saskatchewan Mutual Insurance Co. v. CE Design, Ltd., 2017 WL 3165437 (7th Cir. July 26, 2017). In this action, affirming the judgment of a district court, the Seventh Circuit found that although Rule 23 of the Federal rules of Civil…
Sep 22
A Removing Defendant Can Use Over-inclusive Evidence to Establish the Amount in Controversy

A Removing Defendant Can Use Over-inclusive Evidence to Establish the Amount in Controversy

Scott v. Cricket Communications, LLC, 2017 WL 3197548 (4th Cir. July 28, 2017). In this action, vacating a district court’s judgment, the Fourth Circuit found that the district court committed legal error by disregarding the…
Sep 20
A post-complaint settlement demand constitutes an “other paper” for purposes of CAFA removal.

A post-complaint settlement demand constitutes an “other paper” for purposes of CAFA removal.

Gibson v Clean Harbors Environmental Services Inc, 2016 WL 3960875 (W.D. Ark. June 28, 2016). In this action, the Magistrate Judge held that the plaintiffs’ settlement correspondence provided the defendant significant detail, which made…

Rank this Week: 501

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/

Sep 25
September Miss. Jury Verdict Reporter Preview

September Miss. Jury Verdict Reporter Preview

Here is a preview of the September 2017 issue of the Miss. Jury Verdict Reporter: $2.2 million verdict- Hinds County car wreck case covered here (8/18/17); $1.22 million verdict- Gulfport federal court under-insured motorist case covered here…
Sep 20
Hoopla Over 53% Bar Passage Rate

Hoopla Over 53% Bar Passage Rate

There was a front page article yesterday in the Clarion-Ledger about the 53% passage rate in Mississippi for the July Bar Exam. It opens: Entering the legal profession in Mississippi is once again proving difficult for those seeking to become…
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…

Rank this Week: 120

eDiscovery Daily Blog

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

http://www.ediscoverydaily.com/

Sep 24
When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practice

When You Have a Lot of Custodians, Life Can Be a Batch: eDiscovery Best Practice

After Tom O’Connor and I hosted the webcast On Premise or Off Premise? A Look At Security Approaches to eDiscovery where we discussed the pros and cons of on premise and off premise (i.e., cloud) solutions last month, I received a…
Sep 21
Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law

Court Adds Some of the Custodians Requested by Plaintiffs to Discovery, But Not All: eDiscovery Case Law

In Mann, et al. v. City of Chicago, et al, Illinois Magistrate Judge Mary M. Rowland granted in part and denied in part the plaintiffs’ Motion to Compel the defendant to include certain custodians in their email search, ordering the…
Sep 20
To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trend

To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trend

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount. The answer is in this post – the picture of this well-known astronomer…

Rank this Week: 125

Pendleton Judicial Training…

Pendleton Judicial Training Updates

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

http://www.PendletonUpdates.com

Sep 24
EXPOSING IMPLICIT RACIAL BIAS DURING JURY SELECTION…HOW?

EXPOSING IMPLICIT RACIAL BIAS DURING JURY SELECTION…HOW?

Attorneys, judges and jurors all want to see themselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us are free from bias. Implicit bias refers to unconsciously held biases that do not…
Jul 24
TEN TIPS THAT EVERY NEW ATTORNEY SHOULD KNOW

TEN TIPS THAT EVERY NEW ATTORNEY SHOULD KNOW

PERSONAL UPDATE: I woke up this morning realizing that it had been 6 months since my last post. One of the drawbacks to the aging process is that time seems to pass so much faster than when we were younger. … Continue reading →
Jan 15
The “Rule of Primacy”, The Cornerstone to Effective Trial Advocacy: Plus Some Bonus Acting Tip

The “Rule of Primacy”, The Cornerstone to Effective Trial Advocacy: Plus Some Bonus Acting Tip

RULE OF PRIMACY: Following the “Rule of Primacy” is one of the easiest (yet most overlooked) ways for attorneys to improve their trial performance. If you’re a young attorney with aspirations of becoming the next Clarence…

Rank this Week: 1925

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 24
I thought we were exclusive? Some issues with the Hague Convention on Choice of Court, Brussels Ia and Brexit

I thought we were exclusive? Some issues with the Hague Convention on Choice of Court, Brussels Ia and Brexit

This blog post is by Dr Mukarrum Ahmed (Lancaster University) and Professor Paul Beaumont (University of Aberdeen). It presents a condensed version of their article in the August 2017 issue of the Journal of Private International…
Sep 19
International Congress, Call for Paper

International Congress, Call for Paper

The Private International Law Group from the School of Law of Carlos III University of Madrid (Universidad Carlos III de Madrid, www.uc3m.es) is delighted to announce its International Congress on matters of matrimonial property regimes and…
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…

Rank this Week: 179

Kentucky Court Report

Provides updates of decisions, argument calendars, news and developments for the Supreme Court of Kentucky and Kentucky Court of Appeals. By Michael Stevens.

http://kycourtreport.com/

Sep 22
AOC Job Vacancy Announcement – Executive Officer Specialty Court

AOC Job Vacancy Announcement – Executive Officer Specialty Court
Sep 17
COA: September 15, 2017 Court of Appeals Decisions (Minutes)

COA: September 15, 2017 Court of Appeals Decisions (Minutes)

PUBLISHED DECISIONS: 779. Criminal Law. Vacated and remanded holding that criminal defendant was effectively without counsel in asserting his motion to withdraw his guilty plea. Sturgill v. Commonwealth of Kentucky 781…
Sep 13
Give for Good Louisville on Sept. 14 (All Day Thursday) — Jefferson County Public Law LibraryPlease consider a donation of $10 or more for

Give for Good Louisville on Sept. 14 (All Day Thursday) — Jefferson County Public Law LibraryPlease consider a donation of $10 or more for

The Friends of the Jefferson County Public Law Library will be participating in this year’s Give for Good Louisville! The Friends is a charitable non-profit organization which supports the Jefferson County Public Law…

Rank this Week: 1824

Juries

Discusses jury-related issues.

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

Sep 22
Latest Edition of the Jur-E Bulletin

Latest Edition of the Jur-E Bulletin

The Evil Eye Florida’s First District Court of Appeal issued an opinion in Ivey v. State on September 13, 2017. Mr. Ivey was convicted of drug related offenses following a jury trial. During jury selection, neither the prosecution nor…
Sep 21
Following Oregon's Trail: Implementing Automatic Voter Registration to Provide for Improved Jury Representation in the United State

Following Oregon's Trail: Implementing Automatic Voter Registration to Provide for Improved Jury Representation in the United State

Julie Cascino Abstract This Note examines the Oregon "Motor Voter" Act within the context of jury pools. Most states choose names for jury selection almost solely from voter registration lists. The Note argues that other states…
Sep 15
Latest Edition of the Jury-E Newsletter

Latest Edition of the Jury-E Newsletter

Silence as Evidence of Juror Rehabilitation The Supreme Court of the State of Colorado rendered an opinion in People v. Clemmons on September 11, 2017. During voir dire conducted by the defense counsel, three jurors indicated that they would…

Rank this Week: 3675

the complex litigator

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

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

Sep 22
California Supreme Court agreed to hear certified question about employer exit searches in Frlekin v. Apple

California Supreme Court agreed to hear certified question about employer exit searches in Frlekin v. Apple

The California Supreme Court has agreed to weigh in on the issue of whether time spent on security searches is compensable. Here is the Court's description of the issue:Frlekin v. Apple, Inc., S243805. (9th Cir. No. 15-17382; ___ F.3d…
Sep 22
LAW-LESS FRIDAY: Conflicting signals for the health of the legal job market

LAW-LESS FRIDAY: Conflicting signals for the health of the legal job market

Well, it isn't a post that is devoid of law as a subject, but no appellate decisions to digest here at any rate.Two stories caught my eye over at abovethelaw.com. In the first, it is reported that young associate hiring is set to…
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.

Rank this Week: 623

Chicago Lawyer Blog

Covers personal injury. By Salvi, Schostok & Pritchard P.C.

http://www.salvilaw.com/blog/

Sep 22
Patrick Salvi discusses 2017 Red Mass on Relevant Radio

Patrick Salvi discusses 2017 Red Mass on Relevant Radio

Salvi, Schostok & Pritchard Managing Equity Partner Patrick A. Salvi was featured on Relevant Radio with Father Greg Sakowicz Friday morning discussing the 2017 Catholic Lawyers Guild of Chicago’s Red Mass. At this year’s Red…
Sep 21
Salvi Law September Pet of the Month: Adoptable pets Taffy and Santi

Salvi Law September Pet of the Month: Adoptable pets Taffy and Santi

CHICAGO (September 21, 2017) – The Illinois personal injury law firm of Salvi, Schostok & Pritchard, P.C. has committed to finding local adoptable pets a loving home in 2017. We have teamed up with the Anti Cruelty Society in…
Sep 19
Illinois Tollway worker killed in hit and run on I-294

Illinois Tollway worker killed in hit and run on I-294

ALSIP, Ill. (September 19, 2017) – An Illinois tollway worker was struck and killed by a vehicle Monday afternoon on I-294 near south suburban Alsip. Just before 12:30 p.m., the maintenance worker was outside of his vehicle picking…

Rank this Week: 2268

This Week's Florida Appeals Court…

This Week's Florida Appeals Court Decisions

Provides a summary of selected civil and criminal cases. By Carlton Fields.

https://www.carltonfields.com/florida-appeals-court-decisions/

Sep 22
Week of September 18, 2017

Week of September 18, 2017
Sep 15
Week of September 6, 2017

Week of September 6, 2017
Sep 15
Week of September 11, 2017

Week of September 11, 2017

Rank this Week: 1384

California Punitive Damages

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

http://calpunitives.blogspot.com/

Sep 22
California Legislature passes bill to relax burden of proof for punitive damages in narrow category of case

California Legislature passes bill to relax burden of proof for punitive damages in narrow category of case

Although California juries are known to hand out hefty punitive damages, California law actually contains quite a few safeguards against arbitrary and irrational punitive damages awards. That's why many of the headline-grabbing awards are…
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.

Rank this Week: 630

Accessibility Defense

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

http://accessdefense.com

Sep 22
Surrender as a strategy in ADA litigation.

Surrender as a strategy in ADA litigation.

The defendant in Johnson v. Patel, 2017 WL 3953949 (E.D. Cal. Sept. 8, 2017) used an increasingly common strategy to deal with an ADA lawsuit. He gave up. Most lawyers would never recommend complete surrender as a…
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…

Rank this Week: 342

Boston Lawyer Blog

Covers litigation, criminal and employment law. By Zalkind Duncan & Bernstein LLP.

http://www.bostonlawyerblog.com/

Sep 22
Massachusetts Changes its Felony Murder Doctrine for the Better

Massachusetts Changes its Felony Murder Doctrine for the Better

One fall evening in 2009, four men met up at one Timothy Brown’s apartment. They had earlier been driving around together when two of them, Hernandez and Hill, decided to rob two women at gunpoint. Hernandez, who had…
Sep 7
Title IX and Sexual Assault on College Campuses: Back to School Edition

Title IX and Sexual Assault on College Campuses: Back to School Edition

Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses…
Aug 18
BPD Attempts to Intimidate College Students Ahead of Rally, But Students Should be Able to Peacefully Protest

BPD Attempts to Intimidate College Students Ahead of Rally, But Students Should be Able to Peacefully Protest

Yesterday, Boston Police Commissioner William B. Evans sent a message of warning to Boston-area college students ahead of a planned “Free Speech” rally and numerous counter-protests. He told college students “please act in a…

Rank this Week: 1962

Lawsuit Finance Blog

Covers lawsuit funding. By Lawsuit Financial Corp.

http://www.lawsuitfinanceblog.com/

Sep 22
Camper Comes Loose; Hits SUV Head-On

Camper Comes Loose; Hits SUV Head-On

A Kentucky couple and their two grandchildren, a six-month-old and a three-year-old, were struck head-on by a camper that broke loose from a truck. The driver was pronounced dead at the scene; the six-month old died a few days from acute…
Sep 14
Chain-Reaction Crash Leaves Passenger Fighting for Justice under Her Own Insurance Policy

Chain-Reaction Crash Leaves Passenger Fighting for Justice under Her Own Insurance Policy

Suffering a personal injury in an auto accident is bad enough, but when the insurance company refuses in bad faith to negotiate or settle a claim, the impact can be devastating. Here is a case where an insurance company put their bottom line…
Sep 5
Construction Worker Recovers $2.7 Million Settlement in Scaffolding Collapse

Construction Worker Recovers $2.7 Million Settlement in Scaffolding Collapse

A 35-year-old California construction worker recently received a $2.7 million settlement for a severe brain injury he suffered when a defective scaffold broke apart, causing him to fall 20 feet. The man was initially diagnosed with a broken…

Rank this Week: 4094

South Florida Trial Practice

By Fox Rothschild LLP.

https://southfloridatrial.foxrothschild.com/

Sep 22
Thoughts on National Registration for Service Dog

Thoughts on National Registration for Service Dog

I’ve posted before, here and here, regarding the dilemma business owners have when faced with a customer with a dog (fake service dog) or a customer with an animal (emotional support animal – which are not afforded the same…
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…

Rank this Week: 1565

Tort Talk

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

http://www.torttalk.com/

Sep 22
Judge Nealon of Lackawanna County Addresses Request for Financial Worth Discovery in Punitive Damages Case

Judge Nealon of Lackawanna County Addresses Request for Financial Worth Discovery in Punitive Damages Case

In the case of Charlesworth v. Galacci, No. 2014-CV-3390 (C.P. Lacka. Co. Sept. 19, 2017 Nealon, J.), the trial court in Lackawanna County addressed the merits of a Plaintiff's motion for punitive damages discovery in a dog bite…
Sep 21
Court Finds No Liability Regarding Provision of Driving Direction

Court Finds No Liability Regarding Provision of Driving Direction

In the case of Garlick v. Anadarko Petroleum Corp., No. 4:12-CV-01166 (M.D. Pa. Aug. 15, 2017 Brann, J.), Judge Matthew W. Brann of the Federal Middle District Court of Pennsylvania granted summary judgment in favor of the defense in a case…
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…

Rank this Week: 3833

Defense Litigation Insider

Covers complex litigation issues. By Cooley Manion Jones.

http://www.defenselitigationinsider.com

Sep 21
Supreme Judicial Court’s Decision in Barbuto vs. Advantage Sales & Marketing LLC and Another is Contrary to Federal Law, Marks Significant Departure from Rulings in Other State

Supreme Judicial Court’s Decision in Barbuto vs. Advantage Sales & Marketing LLC and Another is Contrary to Federal Law, Marks Significant Departure from Rulings in Other State

Michael D. Resnick This article is Part Two of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series. Read Part…
Sep 15
Product Liability: California’s Consumer Expectation and Risk Benefit Test Applied in the Same Case

Product Liability: California’s Consumer Expectation and Risk Benefit Test Applied in the Same Case

Stephen L. Jenkins Defendant The Raymond Co. saw its summary judgment victory overturned by California’s 4th District Court of Appeal in a surprising turn of events in its ongoing product liability case in San Diego Superior Court. In…
Sep 8
Ogletree, Deakins & Nash Attorneys Get Smoked by Supreme Judicial Court of MA: Employer’s Termination of Employee For Failing Drug Test for Use of Medical Marijuana States a Claim for Workplace Discrimination

Ogletree, Deakins & Nash Attorneys Get Smoked by Supreme Judicial Court of MA: Employer’s Termination of Employee For Failing Drug Test for Use of Medical Marijuana States a Claim for Workplace Discrimination

Michael D. Resnick This article is Part One of our Medical Marijuana and the Workplace: Recent Decisions from New England Courts Provide Significant Protections to Medical Marijuana Patient Employees Five-Part Series In Cristina…

Rank this Week: 3161

Deal Law Wire

Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.

http://www.deallawwire.com/

Sep 21
Cross border M&A in 2017

Cross border M&A in 2017

Following the surge of mergers and acquisitions in the final quarter of 2016, many attempted to predict whether 2017 would follow suit. For instance, the Financial Times anticipated that the increase in mergers and acquisitions would…
Sep 20
Libor retirement and implications for contracts tied to it

Libor retirement and implications for contracts tied to it

The London Interbank Offered Rate (Libor), the interest rate benchmark used to calculate interest rates on short-term loans by many large banks, will be phased out after 2021 according to its regulator. The London based Financial Conduct…
Sep 19
Wait and CETA

Wait and CETA

We have previously reported on the progress of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) on this blog (see here and here). While the implications and impact of CETA on both business and M&A activity in…

Rank this Week: 1345

The Expert Institute Blog

Covers legal and financial issues related to expert witnesses.

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

Sep 21
$57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial

$57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial

On September 7th, a Philadelphia jury awarded plaintiff Elle Ebaugh a $57 million award in her case against... Read More The post $57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial appeared first on The Expert Institute.
Sep 21
$57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial

$57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial

On September 7th, a Philadelphia jury awarded plaintiff Elle Ebaugh a $57 million award in her case against... Read More The post $57 Million Plaintiff Award in Philadelphia Transvaginal Mesh Trial appeared first on The Expert Institute.
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.

Rank this Week: 1785

Nick Woolridge, Esq. Blog

Covers commercial and civil litigation in New York.

http://www.nylitigationfirm.com/blog

Sep 21
New Yorkers Say Goodbye to Floating Park

New Yorkers Say Goodbye to Floating Park

It seems that some New Yorkers hate things that float. An innovative and ambitious plan to erect a more »
Aug 31
Celebrate Love Litigating Lawyers Day With Things You’ll Never Hear a Lawyer Say

Celebrate Love Litigating Lawyers Day With Things You’ll Never Hear a Lawyer Say

Happy “Love Litigating Lawyers Day.” Yes. No matter how unpopular lawyers are, everyone wants to have ‘their’ day. more »
Aug 25
$417 Million Awarded in Lawsuit Against Johnson & Johnson

$417 Million Awarded in Lawsuit Against Johnson & Johnson

Johnson’s Baby Powder is a product that is found in almost every house. It’s a baby product, popular more »

Rank this Week: 2129

Versus Texas Criminal Defense Blog

By Varghese, Summersett & Smith, PLLC.

https://www.versustexas.com/blog/

Sep 20
DWI Jury Instructions Must Be Tailored to the Evidence | DWI Defense

DWI Jury Instructions Must Be Tailored to the Evidence | DWI Defense

Proper DWI Jury Instructions The Court of Criminal Appeals handed down its decision in Burnett v. State today holding that trial courts must tailor the definition of “intoxication” in DWI jury instructions to the facts raised in…
Sep 18
Is CBD Oil Legal in Texas? | CBD Oil Prescriptions in Texa

Is CBD Oil Legal in Texas? | CBD Oil Prescriptions in Texa

CBD Oil Prescriptions in Texas CBD Oil is legal by prescription in Texas to treat seizures caused by intractable epilepsy. CBD Oil is not legal recreationally, for pain relief, anxiety, depression or other any other purpose. Although CBD Oils…
Sep 14
How to Keep the Police Out of Your iPhone | iPhone X Edition

How to Keep the Police Out of Your iPhone | iPhone X Edition

Apple unveiled its newest iPhones this week – the iPhone 8 and the iPhone X (“iPhone 10 not iPhone “X”.) Tim Cooks assured the world that Face ID – Apple’s face recognition technology – is 20 times…

Rank this Week: 848

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 20
3 Suggestions for Overcoming Memory’s Inherent Limitation

3 Suggestions for Overcoming Memory’s Inherent Limitation

Forty years of research about the psychology of human memory has shown that our memories are far from perfect replicas of the events that they purport to describe. Eyewitness accounts, in particular, have been proved unreliable – with a…
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…

Rank this Week: 2698

I Object!

Covers the rules for preserving the record for appeal. By Carlton Fields.

https://www.carltonfields.com/preservation-of-error-blog/

Sep 20
When in Doubt, Assume the Earliest Possible Deadline

When in Doubt, Assume the Earliest Possible Deadline

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In Love v.…
Jul 31
The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistake

The Ins and Outs of Appellate Statements of Jurisdiction: How to Avoid Common Mistake

Though Statements of Jurisdiction may seem like a simple part of an appellate brief, parties often make mistakes in drafting jurisdictional statements. In fact, the U.S. Court of Appeals for the Seventh Circuit recently wrote: “There is…
Jul 7
You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motion

You Gotta Serve Somebody, But You Gotta Do So Correctly: Preserving Sanctions Motion

Emails can create many problems for litigants and their lawyers, but a recent appellate decision in Florida demonstrates yet another peril: proper service, and thus preservation, of demands for sanctions. In Isla Blue Dev., LLC v. Moore, ___…

Rank this Week: 1385

The Jury Room

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

http://keenetrial.com/blog

Sep 20
An update on liars, lies and lying: Most of us lie routinely

An update on liars, lies and lying: Most of us lie routinely 

Time for an update on who lies, why they lie, and how you can spot them. We’ve written a lot about deception in the past but there’s always more to say (believe it or not). We’re going to cover several articles in this post…
Sep 18
Communicating with those who know they are right (even when they are so very wrong)

Communicating with those who know they are right (even when they are so very wrong)

Today’s highlighted research looks at ways to communicate with people who ignore evidence that contradicts their beliefs and values. This tendency is called “dogmatism” and essentially reflects one’s (un)willingness to…
Sep 13
The “underestimation-of-compliance effect”: Get up and move

The “underestimation-of-compliance effect”: Get up and move

We’d really rather call this the “34 reasons you should get up and talk face-to-face rather than emailing or texting effect” but that’s probably why we’re not academics. It’s become habitual to email or…

Rank this Week: 4579

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: 521

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: 157

Nashville Trial Lawyer Blog

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

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

Sep 18
Proving Different Types of Damages in Your Tennessee Auto Accident Case

Proving Different Types of Damages in Your Tennessee Auto Accident Case

In auto accident cases, Tennessee law may allow you to recover damages for many different reasons. Damages can include medical expenses, past and future loss of wages or earning capacity, past and future pain and suffering, permanent…
Jun 18
Tennessee Court Upholds $250K Damages Award for Grocery Store Customer Injured in Bathroom Fall

Tennessee Court Upholds $250K Damages Award for Grocery Store Customer Injured in Bathroom Fall

Personal injury cases that do not involve large awards for medical expenses or loss of income (earning capacity) may nonetheless result in a substantial verdict. There are many steps to achieving a truly positive result in your personal…
Jun 13
Tennessee Law’s Requirement of ‘Conspicuous’ Disclaimer of Implied Warranty Rights Revives Small Business’ Breach Case

Tennessee Law’s Requirement of ‘Conspicuous’ Disclaimer of Implied Warranty Rights Revives Small Business’ Breach Case

A small business in Northwest Tennessee that purchased a piece of equipment, only to lose that equipment in a fire, got good news from a recent Tennessee Court of Appeals ruling in Smith v. Timberpro Inc., when that court gave the…

Rank this Week: 1954

Special Situations Law

By Norton Rose Fulbright. Covers shareholder activist and defence mandates, as well as complex reorganization transactions.

http://www.specialsituationslaw.com/

Sep 18
Defamation lawsuits as a defence to shareholder activism

Defamation lawsuits as a defence to shareholder activism

Activist investors engaged in proxy fights typically mount aggressive public relations campaigns in order to undermine shareholder confidence in a target company’s performance and leadership, whether through social media, online forums…
Sep 8
Expect the Unexpected: What Boards can do to Plan for Crise

Expect the Unexpected: What Boards can do to Plan for Crise

As a standard precaution, boards should take steps to handle potential crises before one arises. This is particularly so in light of the increasing risk of cybercrime and privacy breaches, and the broader impact of negative social media…
Aug 21
Investors heating up the conversation on climate change

Investors heating up the conversation on climate change

Shareholders are placing increased value on non-financial factors when making investment decisions. Some of these factors are environmental and social issues. In particular, shareholder proposals on climate change have recently gained some…

Rank this Week: 1286

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