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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
  • Aug 22

    "U.S. appeals court rules for TSA screener who had run-in with flier"

    "U.S. appeals court rules for TSA screener who had run-in with flier"
    "U.S. appeals court rules for TSA screener who had run-in with flier": Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
  • Aug 22

    "Court ruling could broaden U.S. government environmental impact studies"

    "Court ruling could broaden U.S. government environmental impact studies"
    "Court ruling could broaden U.S. government environmental impact studies": Emily Flitter of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.
  • Aug 22

    "Court: Day laborers have 1st Amendment right to solicit jobs."

    "Court: Day laborers have 1st Amendment right to solicit jobs."
    "Court: Day laborers have 1st Amendment right to solicit jobs." The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Rank this Week: 15

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Aug 23

    Wednesday round-up

    Wednesday round-up
    With the start of the Supreme Court’s October sitting only a little over a month away, some coverage of the court focuses on cases scheduled for oral argument during that sitting. Subscript provides a graphic explainer for Epic Systems…
  • Aug 22

    Petition of the day

    Petition of the day
    The petition of the day is: Lindsey v. Virginia 17-132 Issue: Whether the jury instruction—that the defendant’s actions were “evidence of [the requisite intent] . . . unless there is believable evidence to the…
  • Aug 22

    Tuesday round-up

    Tuesday round-up
    Briefly: At the George Washington Law Review’s On the Docket blog, Frank LoMonte looks at Matal v. Tam, in which the Supreme Court held that the disparagement clause of the Lanham Act violates the First Amendment’s free speech…
Rank this Week: 22

ICT for Peacebuilding

ICT for Peacebuilding

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

http://ict4peace.wordpress.com
  • Jul 8

    Hacking the referendum

    Hacking the referendum
    The government, despite strong opposition led by senior monk Anamaduwe Dhammadassi Thero, said last week that it will nevertheless continue to pursue the constitutional reform process, which will be put to a referendum. This comes after PM…
  • Jun 27

    Social media and peace: Presentation at ZIF’s 15th year celebrations in Berlin

    Social media and peace: Presentation at ZIF’s 15th year celebrations in Berlin
    The Zentrum für Internationale Friedenseinsätze gGmbH (Centre for International Peace Operations) based in Berlin, Germany, invited me to talk on social media and peace as part of an event to celebrate 15 years since its…
  • Jun 14

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy

    Communication projects, campaigns & websites on peace, constitutionalism, rights, governance & democracy
    Compiled for the Centre for Policy Alternatives a list of websites around communications campaigns, advertisements, projects, websites and various other initiatives I’ve designed, developed or gave input into over the past couple of…
Rank this Week: 42

Point of Law Forum

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: 63

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: 87

Class Action Defense Blog

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/
Rank this Week: 96

Conflict of Laws .net

Conflict of Laws .net

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

http://conflictoflaws.net
Rank this Week: 99

Chicago IP Litigation Blog

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: 109

Blawgletter

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: 137

Class Action Fairness Act Blog

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/
Rank this Week: 173

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 203

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/
  • Aug 17

    Erie, Federal Courts & the Media

    Erie, Federal Courts & the Media
    This week the U.S. Court of Appeals for the Fifth Circuit issued its decision in Block v. Tanenhaus, reinstating a Loyola University professor’s claims for defamation and false light against the New York Times and two of its authors. The...
  • Aug 17

    Cal Western is Hiring in Civil Procedure!

    Cal Western is Hiring in Civil Procedure!
    California Western School of Law (CWSL) is seeking applications from entry-level and junior-lateral candidates for a tenure-track position to begin on or about August 1, 2018. We are looking for candidates with strong academic backgrounds, a…
  • Aug 16

    Another Amendment to FRCP 4

    Another Amendment to FRCP 4
    Last year we covered an interesting but somewhat obscure issue that came up in connection with the 2015 and 2016 amendments to Rule 4 of the Federal Rules of Civil Procedure. Inconsistencies in the text of these two amendments left...
Rank this Week: 209

California Punitive Damages

California Punitive Damages

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

http://calpunitives.blogspot.com/
Rank this Week: 244

Day on Torts

Day on Torts

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

http://www.dayontorts.com/
  • Aug 23

    Court of Appeals Discusses Tennessee Car Accident Damage

    Court of Appeals Discusses Tennessee Car Accident Damage
    Want a primer on the law of compensatory damages in Tennessee?  Then look at Hyde v. South Central Tennessee Development District, No. M2015-02466-COA-R3-CV (Tenn. Ct. App. July 14, 2017), defendant admitted liability for a car…
  • Aug 22

    No Negligent Misrepresentation Claim Based on Future Event

    No Negligent Misrepresentation Claim Based on Future Event
    In Jones v. BAC Home Loans Servicing, LP, No. W2016-00717-COA-R3-CV (Tenn. Ct. App. July 12, 2017), the Court of Appeals affirmed dismissal of a negligent misrepresentation claim. Plaintiffs were the borrowers on a valid and enforceable…
  • Aug 17

    Application of Tennessee Savings Statute When Initial Filing Deadline Missed

    Application of Tennessee Savings Statute When Initial Filing Deadline Missed
    In Jones v. Behrman, No. W2016-00643-COA-R3-CV (Tenn. Ct. App. June 27, 2017), the Court of Appeals affirmed dismissal of an HCLA claim for failure to file within the applicable statute of limitations Decedent suffered from several health…
Rank this Week: 255

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/
  • Aug 21

    Jotwell 2017 Summer Break

    Jotwell 2017 Summer Break
    Jotwell is taking a short summer break. Posting will resume on Monday, September 4. However, even while we’re on break, we’ll be accepting submissions, editing them, and doing a lot of work under the hood. We have tentatively…
  • Aug 18

    The Real World

    The Real World
    Karen Bradshaw, Settling for Natural Resource Damages, 40 Harv. Envtl. L. Rev. 211 (2016). James W. Coleman, How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations with Their Securities Disclosures, 40 Harv. Envtl.…
  • Aug 17

    Democracy Unchained

    Democracy Unchained
    K. Sabeel Rahman, Private Power, Public Values: Regulating Social Infrastructure in a Changing Economy, 39 Cardozo L. Rev. 5 (forthcoming, 2017), available at SSRN. Frank Pasquale In the mid-2000s, digital activists spearheaded the…
Rank this Week: 261

Litigation and Trial

Litigation and Trial

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

http://www.litigationandtrial.com/
  • 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…
  • Jun 1

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum

    Free Speech And Trump Tweets: When Twitter Is A Limited Public Forum
          While in the White House, Donald Trump’s personal twitter timeline, @realDonaldTrump, remains a key method by which he communicates with the public. He uses it to conduct foreign policy, to urge specific action by…
Rank this Week: 276

Expert Witness Blog

Expert Witness Blog

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

http://www.expertwitnessblog.com/
  • Aug 18

    Trusts & Estates Expert Witness Testimony Not Allowed

    Trusts & Estates Expert Witness Testimony Not Allowed
    Plaintiffs sued Defendants over the mismanagement of a Trust.  The Defendants hired a trusts & estates expert witness to provide testimony, to which the Plaintiffs filed a motion to exclude.  The court granted the motion.…
  • Aug 11

    Walking & Working Surfaces Expert Witness Allowed

    Walking & Working Surfaces Expert Witness Allowed
    Plaintiff sued Defendant after slipping on a bath mat in a bathroom owned by the latter. Plaintiff hired a walking & working surfaces expert witness to provide testimony in the case and the Defendant filed a motion to exclude.…
  • Aug 9

    Plumbing & HVAC and Hotel & Hospitality Expert Testimony Granted in Part

    Plumbing & HVAC and Hotel & Hospitality Expert Testimony Granted in Part
    Plaintiff slipped and fell on water that had accumulated on the floor of Defendant’s hotel. Plaintiff hired two experts: a plumbing & HVAC expert witness and a hotel & hospitality expert witness.  Defendant filed…
Rank this Week: 287

EvidenceProf Blog

EvidenceProf Blog

Edited by Colin Miller, Jeffrey Bellin and Ben Trachtenberg.

http://lawprofessors.typepad.com/evidenceprof/
Rank this Week: 296

Minnesota Litigator

Minnesota Litigator

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

http://www.leventhalpllc.com/news-commentary/
  • Aug 23

    “[D]isputes-run-amok ground this lawsuit into stalemated trench warfare.”

    “[D]isputes-run-amok ground this lawsuit into stalemated trench warfare.”
    OW! This is one ugly order. The parties in this case have morphed the rules-driven process of a lawsuit into an unrecognizable kerfuffle fueled by mutual distrust and a paucity of reasonable compromise. The merits of the underlying dispute…
  • Aug 21

    Thoughts on Zombie Cases and Our Broken Legal System

    Thoughts on Zombie Cases and Our Broken Legal System
    Update (August 23, 2017): In this lengthy string of posts below, now spanning four years, we have lamented a often repeated phenomenon: business disputes where there are no actual disputes as to the facts and no actual disputes as to the law.…
  • Aug 18

    Peter “Extreme Caution” Nickitas Strikes Again, Gets a Spare This Time

    Peter “Extreme Caution” Nickitas Strikes Again, Gets a Spare This Time
    Recurring Minnesota Litigator character, Peter Nickitas, originally received his moniker, “Extreme Caution,” from Avvo, the on-line legal services scam “marketplace”, but Avvo has changed its format.…
Rank this Week: 320

Trial Advocacy Blog

Trial Advocacy Blog

Focuses on trial advocacy. From Temple University's Beasley School of Law.

http://indexhtml.blogspot.com/
  • Mar 11

    Temple Law alum vies for vacant Montana Supreme Court seat

    Temple Law alum vies for vacant Montana Supreme Court seat
    Copyright 2014 Great Falls TribuneAll Rights ReservedGreat Falls Tribune (Montana)March 9, 2014 Sunday1 EditionSECTION: A; Pg. 1LENGTH: 1677 wordsHEADLINE: 15 vie for vacant state Supreme Court seatBYLINE: By, John S.…
  • Nov 21

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law

    Samuel Pond and Jerry Lehocky Create Trial Advocacy Scholarship at Temple University Beasley School of Law
    Once classmates, now law partners, attorneys Samuel H. Pond and Jerry M. Lehocky have found a way to give back to the institution that launched their highly successful careers in law. The two partners at Philadelphia-based Pond Lehocky Stern…
  • Nov 14

    August/September 2013 Law Library Acquisition

    August/September 2013 Law Library Acquisition
    Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. Paul, Minn. : West, c2013.TZ2 L445 2013 Administrative Law Developments in Administrative Law and Regulatory Practice, 2012 / edited by Jeffery S. …
Rank this Week: 339

Ringler Radio - Legal Settlements

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
  • 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,…
  • Jun 19

    Driverless Cars Litigation

    Driverless Cars Litigation
    On the 1960’s television show, The Jetsons, we saw a future world where people traveled in flying cars. Sound far-fetched? Maybe not – now we have driverless cars.  And with all the advantages also come liability and…
Rank this Week: 348

Sui Generis--a New York law blog

Sui Generis--a New York law blog

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

http://nylawblog.typepad.com/suigeneris/
  • 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…
  • Jul 20

    U.S. Supreme Court on First Amendment rights and social media

    U.S. Supreme Court on First Amendment rights and social media
    Here is this week's Daily Record column. My past Daily Record articles can be accessed here. ***** Last month the United States Supreme Court weighed in on the intersection of the First Amendment with social media in Packinham v. North…
Rank this Week: 373

Beyond Structured Settlements

Beyond Structured Settlements

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

http://s2kmblog.typepad.com/rethinking_structured_set/
  • May 10

    NSSTA 2017 Annual Conference

    NSSTA 2017 Annual Conference
    When Len Blonder was elevated to the role of President of the National Structured Settlement Trade Association (NSSTA) for an unprecedented third time during NSSTA's 2016 Annual Conference, he identified a very clear vision for the structured…
  • Apr 17

    ASNP 2017 Annual Conference

    ASNP 2017 Annual Conference
    For the past 11 years, the Academy of Special Needs Planners (ASNP) annual conferences have consistently improved the educational scope and standards for an expanding professional landscape which, in addition to, and overlapping with, special…
  • Mar 20

    SSP 2017 Annual Conference

    SSP 2017 Annual Conference
    Although the Society of Settlement Planners (SSP) was founded in 2000, the term "settlement planner" is still viewed by many structured settlement stakeholders as an inflated synonym for "plaintiff broker". Current SSP President Joseph Tombs…
Rank this Week: 376

Electronic Discovery Law

Electronic Discovery Law

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

http://www.ediscoverylaw.com/
Rank this Week: 394

Tort Talk

Tort Talk

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

http://www.torttalk.com/
  • Aug 23

    Post-Koken Decision Out of Armstrong County in Favor of Consolidation of Claims -- Court Notes Still No Clear Appellate Precedent on this Issue

    Post-Koken Decision Out of Armstrong County in Favor of Consolidation of Claims -- Court Notes Still No Clear Appellate Precedent on this Issue
    In a case of apparent first impression in Armstrong County, the court in the Post-Koken case of Stennett v. Religa and Erie Ins. Exchange, No. 2017-0491-Civil (C.P. Armstrong Co. July 24, 2017 Panchik, J.) denied a tortfeasor defendant's…
  • Aug 18

    TORT TALK PRACTICE TIP

    TORT TALK PRACTICE TIP
    BE REDUNDANT IN STATING YOUR LEGAL POSITION IN BRIEFSWhile redundancy in particular word use is to be avoided in brief writing, every effort should be made to repeatedly state the validity of your legal ­position supporting the relief…
  • Aug 15

    Twombly/Iqbal Standards Applied to Dismiss Bad Faith Complaint

    Twombly/Iqbal Standards Applied to Dismiss Bad Faith Complaint
    In the recent Eastern Federal District Court of Pennsylvania case of Jones v. Allstate, No. 17-00648 (E.D. Pa. June 19, 2017 Pappert, J.), the Court applied the mandates of Twombly/Iqbal in granting the carrier's motion to dismiss the…
Rank this Week: 395

TortDeform

TortDeform

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

http://www.tortdeform.com/
  • May 20

    The Politics Behind Tort Reform

    The Politics Behind Tort Reform
    Hello, and welcome back after that fifteen-month intermission. I've been too busy helping people to blog about the forces that want to prevent me from helping people. To dip my toe back in the blogging water, I thought I'd give a…
  • Feb 17

    The value of a human life and damage cap

    The value of a human life and damage cap
    Even if we go with the Bush-era figure of $6.8 million, you’re far above the often-proposed cap of $250,000 for noneconomic damages.  I’m morally opposed to ANY damage cap because I don’t believe that you can set a flat rate on every…
  • Feb 9

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective

    Business Litigation vs. Malpractice Litigation–Let’s Get Some Perspective
    Which is a greater tragedy: A child dying at the hands of an incompetent doctor, or a toy company ripping off the design of a doll from another toy company?  Brian Wilson discusses how out-of-whack our priorities are regarding…
Rank this Week: 418

the complex litigator

the complex litigator

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

http://thecomplexlitigator.com/post-data/
  • Aug 16

    Occidental College, my alma mater, vexes me greatly

    Occidental College, my alma mater, vexes me greatly
    Hey, so I went to Occidental College.  Just like Mr. Obama (Emily Post says the title of "President" ends with the end of the term of office - yes, I checked).  Two differences stand out between us, I think.  I graduated. …
  • Aug 2

    Further nuances to PAGA and arbitration clauses in Esparza v. KS Industries, L.P.

    Further nuances to PAGA and arbitration clauses in Esparza v. KS Industries, L.P.
    Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) held that PAGA representative claims for civil penalties are not subject to arbitration.  In Esparza v. KS Industries, L.P. (August 2, 2017), the Court of Appeal…
  • Jun 19

    DOJ switches teams in NLRB v. Murphy Oil

    DOJ switches teams in NLRB v. Murphy Oil
    The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil.…
Rank this Week: 419

Mississippi Litigation Review &…

Mississippi Litigation Review & Commentary

Covers developments in Mississippi civil litigation. By Philip Thomas.

http://www.mslitigationreview.com/
  • Aug 23

    Defense Verdict in Hinds County Tort Claims Act Medical Malpractice Trial

    Defense Verdict in Hinds County Tort Claims Act Medical Malpractice Trial
    On Friday Hinds County Senior Judge Tomie Green rendered a defense verdict in Nickerson v. Univ. of Miss. Medical Center. Here is the Court’s Memorandum Opinion and Order. The decision was from a 2016 trial of a medical malpractice case…
  • Aug 22

    Random Thoughts After the Latest Baby Powder Talc Verdict

    Random Thoughts After the Latest Baby Powder Talc Verdict
    It was another win for the plaintiffs yesterday in the Mississippi-born Johnson & Johnson baby powder talc litigation. The latest verdict was $417 million a California jury awarded to a single plaintiff after a 4 week trial. The…
  • Aug 21

    $2.2 Million Verdict in Hinds County Car Wreck Trial

    $2.2 Million Verdict in Hinds County Car Wreck Trial
    On Friday a Hinds County Circuit Court jury returned a $2.2 million verdict in Moton v. Leguire and Climate King, LLC. Facts: Plaintiff was traveling on I-55 south on August 3, 2016 when the pickup truck she borrowed from her brother to drive…
Rank this Week: 420

Federal Civil Practice Bulletin

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/
Rank this Week: 438

Trial Ad Notes

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: 444

The Briefcase

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: 461

Federal Evidence Review Blog

Federal Evidence Review Blog

Covers cases and issues on the Federal Rules of Evidence.

http://federalevidence.com/blog
  • Sep 2

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)

    Dealing With The Failure To Provide Written Notice To Introduce Business Records Under FRE 902(11)
    SecondCircuitMap.png In mortgage fraud prosecution, government provided oral notice of its intent to introduce self-authenticating business records but failed to provide written notice as required under FRE 902(11); Second…
  • Sep 1

    Celebrating Labor Day

    Celebrating Labor Day
    Flags.JPG The Federal Evidence Blog returns on Tuesday, September 2, 2014. Enjoy the Labor Day holiday. Labor Day is celebrated on the first Monday in September. See 5 U.S.C. § 6103 (federal holidays).
  • Aug 29

    Bursting The Mailbox Rule Presumption

    Bursting The Mailbox Rule Presumption
    Mailbox.jpg Third Circuit considers the operation of the mailbox rule presumption under FRE 301 and the circumstances in which the presumption may be rebutted; circuit distinguishes between strong and weak presumptions;…
Rank this Week: 481

The Illinois Trial Practice Weblog

The Illinois Trial Practice Weblog

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

http://www.illinoistrialpractice.com/
  • Aug 17

    This Blog Is on An Extended Hiatus: A Guide to the Archive

    This Blog Is on An Extended Hiatus: A Guide to the Archive
    Although I've been posted here regularly (sometimes semi-regularly) for more than ten years, I think it's time to wrap up this blog and put some sort of bow around it. As of now, I have no plans to delete the...
  • Jun 26

    More Articles I Wrote Recently for <ital>Lawyerist</ital>

    More Articles I Wrote Recently for &lt;ital&gt;Lawyerist&lt;/ital&gt;
    Here are two articles I wrote recently for Lawyerist, both on litigation-related themes: 1. How to Take a Deposition Like a Pro 2. How to Have a Collegial Relationship with Opposing Counsel I tried to fill both articles with solid,...
  • May 5

    Fast and Thorough Deposition Preparation

    Fast and Thorough Deposition Preparation
    The sixth revision to my book about depositions, Deposition Checklists and Strategies, is available from James Publishing. Here's information about the book from the James Publishing website-- Creating an outline is the most efficient way of…
Rank this Week: 506

Asset Search Blog

Asset Search Blog

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

http://www.assetsearchblog.com/
  • Aug 21

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.

    Private Investigators: An Asset Search Via Data Brokers Like IDI,Inc.
    The August 5th Bloomberg article “This Company Has Built a Profile on Every American Adult,” brings up IDI,Inc. The article suggests that IDI has built a profile about you on its idiCore database. Private…
  • Jul 25

    Divorce & Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset

    Divorce &amp; Hidden Money: 4 Ways Steven Zinnel Could Have Concealed Asset
    Plastic surgeon Michael D. Brandner & business owner Goderick Augustus Benjamin were accused of committing federal crimes & hiding assets from their wives. Like Dr. Brandner & Mr. Benjamin, Steven Zinnel was a divorcing…
  • Jul 4

    A Laundry List For An Asset Search

    A Laundry List For An Asset Search
    Governmental authorities follow money trails in order to interdict assets hidden by narco-traffickers; money launderers; Ponzi schemers; tax fraudsters & other determined criminals. During your asset search, you can similarly follow…
Rank this Week: 513

Juries

Juries

Discusses jury-related issues.

http://juries.typepad.com/juries/
  • Aug 15

    Deaf Man Sues to Sit on Grand Jury

    Deaf Man Sues to Sit on Grand Jury
    Startribune.com: Excluded from a Minnesota grand jury, deaf man sues for the right to serve
  • Aug 4

    Latest Edition of the Jur-E Bulletin

    Latest Edition of the Jur-E Bulletin
    Michigan Reflects on Its 2012 G. Thomas Munsterman Award The Detroit News published an article by former Michigan Chief Justice Robert P. Young on July 27, 2017, that reflects on the jury innovation accomplishments in the state of Michigan…
  • Aug 3

    NY Prohibits Anonymous Juries (People v. Flores)

    NY Prohibits Anonymous Juries (People v. Flores)
    While the federal criminal system permits juries to consider cases in total anonymity, New York State has a more restrictive law that allows the addresses of jurors to be withheld from the public and the parties at a trial, but...
Rank this Week: 546

Workplace Class Action Blog

Workplace Class Action Blog

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

http://www.workplaceclassaction.com/
Rank this Week: 550

DRI Today

DRI Today

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

http://forthedefense.org/Default.aspx
  • Jun 16

    Insured’s False Statements Lead to No Coverage

    Insured’s False Statements Lead to No Coverage
    An insurer does not have to provide coverage when the insured’s business operation and use of the premises was not in accordance with that listed on the insurance application. In Nationwide Mutual Fire Insurance Co. v. Almco Ltd., a…
  • Jun 6

    Selecting Client

    Selecting Client
    I am not above revisiting a topic.  It can be like jury work where you need to tell them three times and then show them the visual of the same.  So, I say again you should be selecting which clients you will represent with conscious…
  • Apr 15

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated

    Statute of Limitations Tolled on Subrogation Claims Until Underlying Actions Terminated
    The California Court of Appeal for the Fourth District recently held in Underwriters of Interest Subscribing Policy Number A15274001 v. ProBuilders Specialty Insurance Company that the statute of limitation on the insurer’s equitable…
Rank this Week: 556

Southern California Appellate News

Southern California Appellate News

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

http://socal-appellate.blogspot.com/
  • Aug 22

    Justice Duarte appointed to CCUSL

    Justice Duarte appointed to CCUSL
    The Governor announced today that Elena Duarte, 51, of El Dorado Hills, has been reappointed to the California Commission on Uniform State Laws, where she has served since 2011. Duarte has served as an associate justice at the California…
  • Aug 22

    Foundation for Democracy & Justice SoCal reception 9/25

    Foundation for Democracy &amp; Justice SoCal reception 9/25
    The Foundation for Democracy and Justice cordially requests that you save the date for its SoCal Reception:Our Third Annual Reception will take place in Los Angeles, marking our first reception in Southern California on September 25th,…
  • Aug 21

    Reminder re ABA Appellate Conference in November

    Reminder re ABA Appellate Conference in November
    If you're not already signed up for the ABA's big appellate conference coming to SoCal later this year, here's another reminder: Major National Appellate Summit to be held in Long Beach this November
Rank this Week: 574

One World International Practice…

One World International Practice Blog

Covers judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement. By Cadwaladar.

http://blog.internationalpractice.org/
  • Jul 28

    Sanchez v. Crocs, Inc.: The Tenth Circuit Address Extraterritoriality

    Sanchez v. Crocs, Inc.: The Tenth Circuit Address Extraterritoriality
    In Sanchez v. Crocs, Inc., 2016 U.S. App. LEXIS 13285 (10th Cir. 2016), the Tenth Circuit addressed whether, after Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), a plaintiff has standing, under § 10(b) of the Securities…
  • Jul 14

    Another District Court Examines Extraterritoriality of the Alien Tort Statute

    Another District Court Examines Extraterritoriality of the Alien Tort Statute
    Ates v. Gülen, 2016 U.S. Dist. LEXIS 84685 (M.D. Penn. June 29, 2016),  is one of the recent cases to examine the Alien Tort Statute (ATS) since the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct.…
  • Jul 11

    The Supreme Court Considers Extraterritoriality of RICO

    The Supreme Court Considers Extraterritoriality of RICO
    RJR Nabisco, Inc. v. European Cmty, 26 Fla. L. Weekly Fed. S 263, is one of the rare cases by the Supreme Court that addresses an important issue of international practice. The case arises from a suit brought by the European Community and 26…
Rank this Week: 662

Louisiana Law Blog

Louisiana Law Blog

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

http://www.louisianalawblog.com/
  • Aug 18

    Ballot Measure to Codify Longstanding Approach to CWIP

    Ballot Measure to Codify Longstanding Approach to CWIP
    By Angela W. Adolph Construction Work in Progress (“CWIP”) is generally recognized as property that is in the process of changing from one state to another, such as the conversion of personal property from inventory to asset or…
  • Aug 17

    Injured Plaintiffs’ Recovery of Imaginary Medical Cost

    Injured Plaintiffs’ Recovery of Imaginary Medical Cost
    By Lana D. Crump and Amanda Collura-Day In Louisiana, the collateral source rule mandates that a tort plaintiff be awarded the full value of his medical expenses against the tortfeasor, including any amounts written off by the provider, when…
  • Aug 10

    The Effect of the Uniform Commercial Code on Certain Limited Liability Company Transfer Restrictions in Louisiana

    The Effect of the Uniform Commercial Code on Certain Limited Liability Company Transfer Restrictions in Louisiana
    By Amanda Bourgeois The substantial flexibility afforded by the limited liability company structure has made it an increasingly popular business entity choice.  Indeed, most of the default provisions in the Louisiana Limited Liability…
Rank this Week: 715

Deliberations

Deliberations

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

http://jurylaw.typepad.com/deliberations/
  • Dec 1

    5 Things to Consider for Post Trial Juror Research

    5 Things to Consider for Post Trial Juror Research
    By Alexis Knutson My relationship with post trial juror interviews is complicated. On one hand, this service is one of my favorite that we provide as trial consultants. I speak to the jurors when they are fresh from their duty, still buzzing…
  • Nov 3

    Just When You Thought it was Safe . . .

    Just When You Thought it was Safe . . .
    By Daniel Dugan Just when you thought we had gotten past having to explain Gene Hackman’s unethical behavior as a trial consultant in “The Runaway Jury,” “Bull,” the TV show on CBS steps in. Bull tends to espouse…
  • Oct 12

    It’s All [Dr.] Bull

    It’s All [Dr.] Bull
    I guess CBS ran out of ideas for shows mischaracterizing lawyers. The latest Hollywood creation-- Bull, airing on CBS Tuesday nights at 9PM – is a show inspired by the former career of Dr. Phil, as a trial consultant, and, his former…
Rank this Week: 725

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

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

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 726

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Jun 19

    Administrators Have To Behave

    Administrators Have To Behave
    Today’s New York Daily News reports the tale of a brawl with potentially  wide-reaching implications for the Administrator of a New York County Estate. The administrator of the 3.1 million dollar estate was arrested for a brawl…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
  • Jun 8

    Surrogate Upholds Trustee’s Discretion In Making Distribution

    Surrogate Upholds Trustee’s Discretion In Making Distribution
    In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the…
Rank this Week: 760

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/
  • Aug 18

    How Far Does a Non-Solicitation Agreement Reach? What about Yours?

    How Far Does a Non-Solicitation Agreement Reach? What about Yours?
    A robust network can help to open the door to new professional opportunities. Increasingly, professional networks are being created and maintained in a virtual environment. While it is becoming more common for colleagues and former co-workers…
  • Aug 10

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

    We are Always Looking for One or Two More Good Clients . . . Even When Business is Great
    One of the questions people ask me frequently is about whether we are accepting new clients. While the short answer is “Yes”, here is some additional information which many people find interesting . . .
  • Aug 4

    EEOC Sues Big 5 For Racial Discrimination and Retaliation

    EEOC Sues Big 5 For Racial Discrimination and Retaliation
    The Equal Employment Opportunity Commission (EEOC) has announced a lawsuit against Big 5, which is one of the largest sports retailers in the U.S. A black employee named Robert Sanders is suing his employer over ongoing racial harassment.…
Rank this Week: 768

Beyond the Underground

Beyond the Underground

Covers legal news, politics, and whimsy. By Evan Schaeffer.

http://www.legalunderground.com
  • Nov 28

    MEANWHILE IN AUSTIN'S

    MEANWHILE IN AUSTIN'S
    MEANWHILE, IN AUSTIN'S STUDIO IN KANSAS CITY . . . Here's a shot of the inside of Austin's studio in Kansas City, with scattered self-portraits in oil done for a recent assignment--
  • Nov 28

    SELECTIONS FROM MY

    SELECTIONS FROM MY
    SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…
  • Nov 27

    TYPES OF LAWYERS

    TYPES OF LAWYERS
    TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . . Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…
Rank this Week: 791