Trials / Litigation - Blogs
- Amendment Last Week
In case you missed it, the Constitution was amended last week. See here. The amendment is as follows: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and or unusual punishments inflicted. And, of course, if reasonable minds differ about constitutionality, then the five robed ones do as they please anyway. The best way to put an end to this travesty would be to elect John McCain and Sarah Palin in November, and to keep Obama and Biden in the U.S. Senate (where they...
(October 5, 2008) - Biden versus Palin: The SNL parody
You've seen the real thing. Now watch the parody:
(October 5, 2008) - Finding a Way Together Out of the e-Discovery Morass
By Bob Little Chief Marketing Officer RenewData I read with great interest two of Ralph Losey's recent blogs. The first, "Trial Lawyers Turn a Blind Eye to the True Cause of the e-Discovery Morass", discusses the Interim Report & 2008 Litigation Survey, a joint project of the American College of Trial Lawyers task force on discovery and the Institute for the Advancement of the American Legal System, The thrust of the report is a "concern that discovery is increasingly expensive and that the...
(October 5, 2008) - Additional coverage from The AP of today's U.S. Supreme Court Order List
Additional coverage from The AP of today's U.S. Supreme Court Order List: Now available online are articles headlined "Court denies appeal of judge's sentencing goof"; "Terror case: Top court won't hear ex-prof's appeal"; and "Top court rejects Abu-Jamal appeal for new trial."
(October 5, 2008) - "Miers Wins Bid to Delay House Testimony on Firings"
"Miers Wins Bid to Delay House Testimony on Firings": James Rowley and Robert Schmidt of Bloomberg News provide a report that begins, "A U.S. appeals court postponed congressional testimony by former White House Counsel Harriet Miers on the Bush administration's firing of nine federal prosecutors. The three-judge panel in Washington today agreed with the administration that Miers shouldn't have to testify until the appeals court rules on the merits of the case, which tests the limits of...
(October 5, 2008) - Today at the Supreme Court 10.6.08
At 10 a.m., the Court will hear argument in Altria Group v. Good (07-562), on whether federal law preempts state tort claims against tobacco manufacturers over the marketing of "light" cigarettes. Ted Olson of Washington, D.C., will argue for the petitioner, and David Frederick of Washington, D.C., and Douglas Hallward-Diemeier of the Solicitor General's office will argue for the respondent. At 11 a.m., the Court will hear argument in Locke v. Karass (07-610), on whether public sector unions...
(October 5, 2008) - Will the States be the First to End Peremptories?
Texas Supreme Court Decision Could End Peremptory Strikes in Jury SelectionA recent decision (Davis v. Fisk Electric Co., No. 06�) by the Texas Supreme Court regarding peremptory strikes could reshape the state's jury selection process. "As these strikes have outlived their original purpose, it is time we did something about them," Justice David Brister wrote in a concurring opinion released Sept. 26. Don Cruse in his Supreme Court of Texas Blog states that "I presume Justice Brister...
(October 5, 2008) - LiveBlog: Today’s Orders 10.6.08
Note to readers: beginning at 10 a.m. Eastern, we will provide "live" coverage of the release of the second orders list following the Justices' private conference of September 29. The first orders list, released last Wednesday, contained grants of certiorari in ten cases. Today's list is expected to contain cases in which the Court denied certiorari or invited the Solicitor General to express its views, among other orders. We will post a link to the orders list as soon as it is available....
(October 5, 2008) - Penn Plaza to be argued 12/1; Vaden to be argued today!
Discover Bank v. Vaden will have oral arguments today - this case will address: 1. Whether a suit seeking to enforce a state-law arbitration obligation brought under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, "aris[es] under" federal law, when the petition to compel itself raises no federal question but the dispute sought [...]
(October 5, 2008) - Trial by Error
United States v. Al-Moyad, No. 05-4186-cr (2d Cir. October 2, 2008) (McLaughlin, Parker, Wesley, CJJ) Defendants Al-Moayad and Zayed were convicted in front of Judge Johnson of conspiring to provide material support to Hamas and Al-Qaeda, designated terrorist organizations. Al-Moayad was also convicted of related substantive offenses. He was sentenced to seventy-five years in prison, while Zayed was sentenced to forty-five years. The defendants asserted that they were entrapped. Their trial,...
(October 5, 2008) - 10th Cir. Reports Split Re Justiciability of Equitable Relief Claims by Servicemembers for ...
Per Hanson v. Wyatt, 540 F.3d 1187 (10th Cir. Sep 10, 2008): In Dibble v. Fenimore, 339 F.3d 120, 126 (2d Cir.2003), the court noted a circuit split regarding "the justiciability of claims [by servicemembers] who seek equitable relief for alleged constitutional violations in personnel decisions." It counted five circuits that permit "equitable challenges to personnel decisions only when they constitute facial challenges to the constitutionality of military regulations, and not in cases of...
(October 5, 2008) - "Bush pushes Senate to confirm federal judges"
"Bush pushes Senate to confirm federal judges": The Associated Press provides this report.
(October 5, 2008) - Illinois Appellate Court holds Rescission as an available Remedy
In a recent First District Illinois Appellate Court decision, the court addressed the issue of whether a party who proves it was fraudulently induced to enter into a contract can rescind the contract as an equitable remedy. 23-25 Bldg. Partnership v. Testa Produce, Inc., 381 Ill.App.3d 751 (1st Dist. 2008). In the 23-25 Bldg. Partnership v. Testa Produce, Inc., both parties owned property in a Chicago subdivision. Id. An outside buyer allegedly agreed to purchase the entire Chicago subdivision...
(October 5, 2008) - "Courthouse to be dedicated Monday"
"Courthouse to be dedicated Monday": Yesterday's edition of The Southeast Missourian contained an article that begins, "The name Rush Hudson Limbaugh Sr. is finally on display at the new federal courthouse in Cape Girardeau."
(October 5, 2008) - "A rough day for the FTC"
"A rough day for the FTC": Lyle Denniston has this post at "SCOTUSblog." And Mark Sherman of The Associated Press provides a post-argument report headlined "Cigarette suit first up in new court term Monday."
(October 5, 2008) - If arbitration is so wonderful….
/**/ Why don't corporations use it themselves? Corporate executives routinely sing the praises of arbitration clauses, the language buried in the fine print of contracts for mobile phones or credit cards, for example, that typically bars a consumer from going to court in the event of a dispute. . . . . Now three law professors suggest that companies are far less likely to use arbitration clauses in contracts with each other than they are in contracts with consumers. "I believe they're really...
(October 5, 2008) - Trial innovations: study shows favorable results
"A 7th Circuit Bar Association study that tested alternative trial concepts (pdf), including allowing jurors to ask questions of witnesses during trials and limiting presentations by lawyers, generally showed that the new techniques enhanced the jury trial process. ... [Other...
(October 5, 2008) - "Altria Seeks 'Knockout Blow' in Supreme Court 'Lights' Case"
"Altria Seeks 'Knockout Blow' in Supreme Court 'Lights' Case": Greg Stohr of Bloomberg News provides this report.
(October 5, 2008) - "U.S. Justice Breyer Sheds Stocks, Can Hear More Cases"
"U.S. Justice Breyer Sheds Stocks, Can Hear More Cases": Greg Stohr of Bloomberg News has an article that begins, "Justice Stephen Breyer and his wife are selling many of their three dozen stocks, letting him take part in more business cases and reducing the conflict-of-interest issues that bedeviled the U.S. Supreme Court in its last term. Court spokeswoman Kathy Arberg confirmed Breyer's stock sales today after the justice participated in the court's rejection of several appeals that would...
(October 5, 2008) - Department of {censored} Censors AL&P
In order to instill purity at a certain large federal government agency, it has blocked AL&P. But, everyone at there can still view Above The Law.
(October 5, 2008) - Access online the transcript of today's U.S. Supreme Court oral argument in Altria Group, Inc. ...
Access online the transcript of today's U.S. Supreme Court oral argument in Altria Group, Inc. v. Good, No. 07-562: The Court has posted the transcript at this link.
(October 5, 2008) - When Appropriate, Duress May be a Defense Against the Enforcement of a Contract
When appropriate, in Illinois, Duress is sometimes used as a defense against the enforcement of a contract. To establish duress, it must be shown that the act or threat left the individual bereft of the quality of mind essential to the making of a contract. Inland Land Appreciation Fund, L.P. v. County of Kane, 344 Ill.App.3d 720, 727 (2d Dist. 2003). The acts or threats complained of must be wrongful; however, the term "wrongful" is not limited to acts that are criminal, tortious, or in...
(October 5, 2008) - Oregon Supreme Court: City not liable for erroneous statement to business owner
The Oregon Supreme Court held last week that a government body cannot be liable for negligently providing incorrect information. In Loosli v. City of Salem, the court concluded that a used car dealer can't recover damages resulting from the City of Salem's erroneous certification as part of the dealer's application for a vehicle dealer certificate. The city mistakenly stated that the location for the proposed used car lot complied with land use rules. When that turned out to be wrong, the...
(October 5, 2008) - New Release: Arkfeld’s Best Practices Guide for Litigation Readiness and Hold
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(October 5, 2008) - No action on Georgia capital case
The Supreme Court, opening a new Term Monday, took no action on an appeal testing whether it is unconstitutional to execute a death-row inmate who has a significant claim of innocence. The Court's 82-page list of orders on pending cases contained no word on Troy Anthony Davis' appeal, Davis v. Georgia (08-66). His scheduled execution has been temporarily postponed by the Court. The Court will consider the case again at its private Conference on Friday, according to the Court's electronic...
(October 5, 2008) - Big Changes at SCOTUS
Law.com has a nice article on the upcoming term and possible changes.
(October 5, 2008) - Today’s Orders 10.6.08
Today's orders list is now available here.
(October 5, 2008) - Armed Conflict and Sexual Assault
Sending this in complete from Paris, noting that women, who hold civil society together in the course of armed conflict, are rarely at the table when peace is being negotiated. As this lengthy piece asserts, we cannot ignore the sexual assaults that continue after "peace" has been achieved. I've been told by the evolutionary biology squad that the "flight/fight" mechanism in the face of terror trends toward freezing in women because a woman who freezes in the course of attack is more likely to...
(October 5, 2008) - Where are all the female law bloggers? Hanging out in the ADR blogosphere of course.
C.C. Holland, writing for Legal Technology laments the lack of strong female voices among legal bloggers and asks, "Where Are All the Female Law Bloggers?" Holland may not have looked very hard. There's a bunch of us - loud, proud, and outspoken - right here in the ADR blogosphere. We include: Me, Diane Levin, here at Mediation Channel Vickie Pynchon, Settle It Now Negotiation Law Blog Stephanie West Allen, Idealawg and Brains on Purpose Gini Nelson, Engaging Conflicts Nancy Hudgins, Civil...
(October 5, 2008) - Jumping to conclusions? Take the Cash Register Test to find out how much
For many years I have used the following exercise in trainings and workshops on conflict resolution, communication, and negotiation. Known as "The Cash Register Exercise", it is adapted from "The Uncritical Inference Test" created by William V. Haney, Communication and Organizational Behavior: Text and Cases. To complete the exercise, read the following story. Below it are 12 statements about the story. After you read the story, determine whether each of the 12 statements is T - true; F - false...
(October 5, 2008) - 2008 - 2009 U.S. Supreme Court Term
Happy First Monday in October. For those who enjoy watching the U.S. Supreme Court terms, they are open for business as of today. You can keep track of the developments at the SCOTUS blog and other sites. For alternative viewpoints on the upcoming term, take a look at the articles in the LA Times or the Christian Science Monitor. Meanwhile, to take you back to your law school days, commemorate the new term by perusing an old friend (enemy?), Pennoyer v. Neff.
(October 5, 2008) - Counsel, strap on a pair!
For a long while now, my top 10 mediation advocacy tips has encouraged counsel to be brave. Bravery can take many forms in mediation, from counsel backing their own advice when the easier road would be to settle or indeed default to trial - to something a little more counter-intuitive and possibly risky. I often give two examples of the latter; First, where counsel strategically signal their vulnerability at the table by giving their own client out-loud adverse advice during a joint session....
(October 5, 2008) - Analysis: A rough day for the FTC
Analysis A hearing on claims of deception by cigarette companies in their advertising of "light" cigarettes led Monday to strongly worded complaints by Supreme Court Justices that, if consumers were misled, it was partly - maybe even mainly - the government's fault. Justices Samuel A. Alito, Jr., and Antonin Scalia suggested that the Federal Trade Commission had known for years that those ads were founded on flawed claims, and did little or nothing about it. The comments came as the Court...
(October 5, 2008) - On Reluctance to Engage Appellate Counsel
Why don't some trial lawyers or their clients engage appellate counsel when it comes time for the appeal? That's the question my blogging cohort Greg May has posed over at the California Blog of Appeal. Greg has begun a series of posts in which he examines the reasons commonly provided when trial lawyers or their clients are faced with an appeal and choose not to engage appellate counsel. The entire series is available through this link. Greg has put a lot of thought into these posts and will...
(October 5, 2008) - Breyer to recuse less often
Supreme Court Justice Stephen G. Breyer is in the process of selling more of the stocks in which he and his wife have invested, in order to reduce the number of times in which he must disqualify himself from taking part in actions on pending cases. This development is described in a story today by Greg Stohr of Bloomberg News. The story can be read here. Among the present Justices, Breyer has recused more often because of his investments.
(October 5, 2008) - Today’s Transcripts 10.6.08
The transcript of today's argument in Altria Group v. Good (07-562) is now available here.
(October 5, 2008) - Mediation in the mainstream: the problem of observability
When Daniel Bowling and David Hoffman's Bringing Peace into the Room first came out in 2003, I adopted it for one of my mediation courses at Woodbury College. Prepping for class one evening, I read aloud to my husband an excerpt from a chapter by Peter Adler. When I finished, he gave me a long, sad look. "No wonder mediators have such a tough time convincing the public to embrace mediation. Even those who benefit from it think you didn't do a damn thing." This is the excerpt I read him: …I'm...
(October 4, 2008) - ABA Articles Find Rule 26 Disclosures and E-Discovery a "Morass"
Despite the fact that I am a member of the three federal court districts in Florida, I rarely suggest to a client to resort to federal court. Why? The expense of discovery and the needless procedures. It appears I'm not alone. According to a recent survey of nearly 4,000 lawyers, the process of filing in federal court itself has become a weapon: pleading requirements, immediate discovery demands, new e-discovery, and a "total lack of control over discovery." Case in point, we have a case which...
(October 4, 2008) - Mediate.com arabulucular için bir nimet…
Yaklaşık 5 yıldır mediate.com un mÃ볚vimiyim. Arabuluculuk ve uyuÅŸmazlık çözümü konusunda öğrendiklerimin ve ÅŸu andaki birikimimin büyük bölümünü bu sitede yayınlanan oldukÃ੺ kaliteli makeleleri okuyarak elde ettiÄŸimi söyleyebilirim. Arabulucu.com 'un da Türkiye'nin mediate.com'u olmasını umuyorum. Tam 79 kategoride makele yayınlayan mediate.com, konusunda bir kütüphane görevi görüyor. Makeleleri Ãௌretsiz olarak sunan site, arabulucular için yaptığı web...
(October 4, 2008) - ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause ...
DUTSCHKE V. JIM RUSSELL REALTORS, INC. ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract; arbitration clause does not violate jural rights doctrine which does not apply to arbitration clauses; and clause does not violate right to jury trial2007-CA-001146 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER CONCURS; COMBS CONCURS IN RESULT FILING SEP. OP. JEFFERSON COUNTY DATE RENDERED: 8/1/2008 The Dutschke's appeal from the dismissal of...
(October 4, 2008) - CRIMINAL: Defendant found to have no standing to challenge KRS 189A. ...
VELTROP V. COM. CRIMINAL: DUI, standing2007-CA-000385 PUBLISHED: AFFIRMING PANEL: BUCKINGHAM PRESIDING; MORE CONCURS; WINE CONCURS WITH SEP. OP. BARREN COUNTY DATE RENDERED: 8/1/2008 CA rejected Defendant's challenge to KRS 189A.010(2) as unconstitutional alleging it violated the separation of powers principle by unilaterally adopting amendments or additions to the Kentucky Rules of Evidence (KRE). KRS 189A.010(2) permits the introduction of a breath test taken after the two hour operation...
(October 4, 2008) - UIM carrier not able to recover advance from liabilit insurer when tortfeasor goes bankrupt: ...
AUTO OWNERS INS. CO. V. OMNI INDEMNITY CO. INSURANCE: Underinsured (UIM) motorist benefits and "Coots" advance2007-CA-001165 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; COMBS, KELLER CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 The tort victim's underinsured motorist carrier, Auto Owners Insurance Co., appeals from an order of the Jefferson Circuit Court determining that Auto Owners is not entitled to restitution from the tortfeasor's insurer, Omni Indemnity Company, for funds advanced to...
(October 4, 2008) - Independent contractor has no employee discrimination claim since not an employee:STEILBERG V. ...
STEILBERG V. C2 FACILITY SOLUTIONS, LLC EMPLOYMENT LAW: Employee discrimination claim failed by claim of independent contractor2007-CA-001500 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 Lucy Craig Steilberg appeals from a summary judgment and order of the Jefferson Circuit Court dismissing her claims against C2 Facility Solutions, LLC and Dale A. Cain, the President and Chief Executive Officer of the corporation. Steilberg's claims...
(October 4, 2008) - The Sunday (SPAM) Pickle
Anyone else get one of these? I think it's hilarious.FEDERAL BUREAU OF INVESTIGATIONROOM 4-230, KALANIANAOLE FOB300 ALA MOANA BOULEVARD HONOLULU , HAWAII 96850-0053http://www.fbi.govEmail:garrity.robertg.robert994@gmail.comRobert J. Garrity, Jr Deputy Assistant Director,Records Management Division FBIBefore the House of Represenatatives, Subcommittee on International Terrorism, Nonproliferation and Human Rights Los Angeles, California Attn: Honourable Beneficiary.We the Federal Bureau Of...
(October 4, 2008) - WORKERS COMP: Injured claimant found to be employee and not independent contractor and thus ...
PIKE COUNTY BOARD OF EDUCATION V. MILLS WORKERS COMP: Employment relationship2008-CA-000149 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; KELLER , GRAVES CONCUR WCB DATE RENDERED: 8/1/2008 Mills was hired on a contract basis to direct the color guard at Shelby Valley High School, however, he was hired by the band director and never by the superintendent of the Board of Education. He was injured on the job, and the Board of Education argued that he was not an employee, but a contractor. The...
(October 4, 2008) - Personal Injury Claims Against AIG: Will They Get Paid?
Sizzling stuff over at The Maryland Injury Lawyer Blog; 'I have received a number of calls from clients with personal injury claims against AIG fearing their claims are unprotected. Yesterday, we got a call in one of our AIG cases. Someone from Resolute Systems called and said that AIG had given them the assignment of settling large cases. They are setting up settlement conference days in Philadelphia for some pending AIG cases. We were given November 5-6 as dates for these mediations. I...
(October 3, 2008) - The 21st Century: It's All About Collaboration: Pick Up the Lawyers' Guide Today
The Lawyers' Guide to Collaboration Tools and Technologies Say goodby to quill pens and obstreperous adversarial posturing. Join authors Dennis Kennedy and Tom Mighell in learning "Smart Ways to Work Together" in their Lawyer's Guide to Collaboration Tools and Technologies. If you're practicing intellectual property law (why else would you be reading this blog) you know that technology is moving faster than the speed of the law and that your own practice is often moving faster than any human...
(October 3, 2008) - Are you a tactile mediator?
Do you shake hands before and after you mediate? You should. Or maybe even a light, comforting touch on an elbow or forearm during a stressful session? Not convinced? Well then, have a read of How Touch Sustains Personal and Business Relationships 'The oxytocin system, which can be fired up by touch, allowed us, in ancient times, to enter into economic exchange with others. Even in today's global economy, touch is vitally important to doing business. Our feelings about someone else, and the...
(October 2, 2008) - $500 Million Gift Pledge (… if I win this lawsuit…)
The University of Texas has received a $500 Million pledge from Moncrief Oil, but as the Chrolincle of Higher Education reports it, the gift is conditional on Moncrief prevailing in pending litigation over the ownership of a Russian gas field. The conditional gift raises a number of interesting questions. For example, Rob Recih of Stanford's Center [...]
(October 2, 2008) - A day in the life of... Bernadette Willems
Bernadette Willems is a family mediator at Simon Bergin Solicitors & Mediators of Cheshire in the UK. She gets up early, she swims at 7am, provides free intake sessions, convenes a mediation session where only one side turns up, supervises other mediators, meets up with satisfied clients and soaks in the bath before bed.... all in a day! [read more][click on the title of this post to read more...]
(October 2, 2008) - Can you sue for a raise?
Two interesting cases have come up in NJ neighbors dealing with raises for judges. In New York, judges have not been granted a raise in salary by the legislature and governor in 10 years. Their salaries were tied to the fate of those of the legislators and governor who have not been given a raise in that same period. The primary argument being used is that this violates the doctrine of separation of powers, where raises are tied to the other branches and consequently other political activities...
(October 2, 2008) - Recently, I had a chance to return to my alma mater, the University of Missouri, for a 100th aniversary celebration of the School of Journalism. All classes were invited to return and about 3,000 of us swarmed the J-School complex and spent a few days literally walking down memory lane. The campus has changed a lot since I last stepped foot there in the 80s. Three new buildings added to the J-School campus, and tons of new classrooms and dorms built where there used to be open space. The entire...
(October 2, 2008) - The Mythical Palin Effect–Women Focus on the Message rather than the Messenger
In anticipation of tonight's debate between the vice-presidential candidates Sarah Palin and Joe Biden, much has already been written about the Palin Effect and what impact nominating Sarah Palin has had on the McCain campaign. At first, many commentators thought that her nomination would convince former Hillary Clinton supporters to switch parties and vote Republican. It's [...]
(October 1, 2008) - Avukatlık Kanunu’nun 35/A maddesinin uygulanmasını yönetmelik mi engelliyor?
Ä°nisiyatif.net hukuk sitesi yayınladığı makaleler ve Ã੺lışmalarla internette kaynak aramalarında neredeyse herzaman karşımıza çıkan kaliteli bir hukuk sitesi. Uzun zamandır yayında olan sitenin ADR bölümü de var. Avukatlık Kanunun 35/A maddesiyle ilgili olarak yazılmış az sayÄ뇚 makaleden en önemlilerinden birisi de inisiyatif.net 'in sahibi Hasan Aydın Tansu tarafından kaleme alınan UzlaÅŸmazlıkların Çözüm SeÃ੾nekleri (ADR) Ãœlkemizde Uygulanabilir mi?...
(October 1, 2008) - Financial Troubles Hit Legal Aid
The subprime mortage crisis has impacted the Legal Services of NJ, the group who represents indigent litigants. Most of their revenues come from the interest on the trust accounts all lawyers in NJ are required to have. Trust accounts are used to hold client's money for various transactions such as real estate closings. In the second quarter of 2008, this source of funds has shrunk by 48%. This had led to the closure of Legal Services offices along with the layoff of attorneys. You can read...
(October 1, 2008) - Resmi arabulucular da rabuluculuk eğitimi almalıdır.
İşçi iÅŸveren uyuÅŸmazlıklarının çözümünde resmi arabuluculuk ve hakeme baÅŸvurma hukukumuza ihtiyaç nedeniyle çok önceden girmiÅŸ bir düzenlemedir. Hakeme ve Resmi Arabulucuya BaÅŸvurma Tüzüğü resmi arabulucularda aranan nitelikleri de düzenliyor. Aranan niteliklerin gerÃ੾k manada arabuluculuk yapmaya yetmeyeceÄŸi ilk okumada anlaşılabiliyor. Buna göre resmi arabulucu olabilmek için: Madde 26 - Resmi arabulucularda aÅ৺ÄŸÄ뇚ki nitelikler aranır: a) Türk vatandaşı...
(October 1, 2008)