Monthly Archives: November 2013

The Civil Appeals Profile Database for State Courts.

13 Wednesday Nov 2013

Posted by in Appellate Law, Court Rules, Legal Technology, Legal Writing, Research, State Appellate Courts, Trial Tips and Techniques

≈ Comments Off on The Civil Appeals Profile Database for State Courts.

Tags

, , ,

Appellate Division of the New York State Supre...

http://bit.ly/1bvOkLs

 The National Center for State Court has created this compilation of civil appellate court practices and procedures.

The link takes you to a map of the United States. Click on your state, and you will get a breakdown of appellate procedures. The information is  somewhat like a “cheat sheet” for the state’s rules of appellate procedure.

Please note that the website recommends setting your printer to “landscape” for best results.

Senate Approves Anti-Retaliation Bill Protecting Anti-Trust Law Whistleblowers.

13 Wednesday Nov 2013

Posted by in Anti-Retaliation, Consumer Law, Whistleblower

≈ Comments Off on Senate Approves Anti-Retaliation Bill Protecting Anti-Trust Law Whistleblowers.

Tags

, , , , , ,

Senate approves antitrust anti-retaliation bill, by Paul H. Saint-Antoine, Ronald A. Sarachan, and Todd N. Hutchison, Drinker Biddle & Reath, PC

http://bit.ly/1aoxTiR

Strong Openings Make A Difference

13 Wednesday Nov 2013

Posted by in Brief Writing, Legal Writing

≈ Comments Off on Strong Openings Make A Difference

Tags

, , , , ,

Open A Brief With Substance, Not Bluster — Mere Posturing Is Ineffective, by Kenneth F. Oettle, at Sills Cummis & Gross P.C. (Please note correct firm name. CCE)

This article was later published in the New Jersey Law Journal, and again published in Ken Oettle’s “Making Your Point,” (an excellent book on legal writing that should be on everyone’s reference desk, in my humble opinion) published by ALM. The link is to the Sills Cummis & Gross P.C. website: 

http://bit.ly/19EOC24

Judge Scheindlin and the Second Circuit to date.

12 Tuesday Nov 2013

Posted by in Case Law, Court Rules, Federal District Court Rules, Judges, Research, Statutes, Trial Tips and Techniques

≈ Comments Off on Judge Scheindlin and the Second Circuit to date.

Tags

, , , , ,

I have been following the updates about Judge Scheindlin on Judge Kopf’s blog, Hercules and the umpire. If you recall, this series began with Judge Scheindlin’s ruling on the current stop-and-frisk law in her jurisdiction, and her subsequent, hasty, and unprecedented (to my knowledge) removal by the Second Circuit of the Court of Appeals.  All related posts are below, and start with the first post by Judge Kopf. The Comments are equally interesting. CCE

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin? – http://bit.ly/1cyvhiH (Posted here on November 2, 2013)

 A Cheat Shot – http://herculesandtheumpire.com/2013/11/03/a-cheap-shot/

More on “relatedness,” Judge Scheindlin and the Second Circuit — http://bit.ly/1cTmax4

In answer to Scott H. Greenfield regarding the Second Circuit’s treatment of Judge Scheindlin — http://bit.ly/17EEqZ9

“Do not go gentle into that good night . . . ” Dylan Thomas and Judge Scheindlin – http://bit.ly/1a39Re3

The filing by counsel for Judge Scheindlin — http://bit.ly/1c1GXcL

Kopf’s questions about the continuing but utterly depressing cage match at the Second Circuit? — http://bit.ly/1blVy2F

End it quickly – http://herculesandtheumpire.com/2013/11/11/end-it-quickly/ (Posted here on November 12, 2013)

A must read essay on Judge Scheindlin and the Second Circuit — http://bit.ly/19XlseL  (Posted here on November 12, 2013)

Judge Scheindlin was wrong to enter the fray at the Second Circuit — http://bit.ly/1eJ21tw

End it quickly

12 Tuesday Nov 2013

Posted by in Court Rules, Federal District Court Rules

≈ Comments Off on End it quickly

Tags

, , ,

More on the situation in the 2nd Circuit.

RGK's avatarHercules and the umpire.

If the Second Circuit has any sense, an order like the following would be entered today:

Various motions are pending. One has been filed by the district judge. One been filed by the appellees and one has been filed by the appellants. They all seek further and other relief as a result of our prior order staying these cases and requiring that a new district judge be assigned.

After due consideration, we deny all the motions. We also strike from our prior order the finding that the trial judge violated the Code of Conduct. However, that portion of our prior order staying these matters and requiring that a new trial judge be assigned to these cases remains effective. Finally, we refer these cases to the Clerk of Court for reassignment to a new panel. In doing so, we note that the Court en banc has this date denied all requests…

View original post 24 more words

A must read essay on Judge Scheindlin and the Second Circuit

12 Tuesday Nov 2013

Posted by in In Custodia Legis

≈ Comments Off on A must read essay on Judge Scheindlin and the Second Circuit

RGK's avatarHercules and the umpire.

I urge all who are interested in the tragic comedy (soap opera) that envelopes Judge Scheindlin and the Second Circuit to read Professor Anil Kalhan’s terrific essay entitled, Lame Duck Litigation and the City of New York’s “Double Game”  (November 9, 2013) at Dorf on Law.

RGK

View original post

An Excellent and Persuasive Legal Writing Tool – Parentheticals

09 Saturday Nov 2013

Posted by in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques

≈ Comments Off on An Excellent and Persuasive Legal Writing Tool – Parentheticals

Tags

, , , , ,

For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer

http://bit.ly/1a8Hudm

A Compilation of Canadian Law Blogs, Articles, and Links

09 Saturday Nov 2013

Posted by in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research

≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links

Tags

, , , , , ,

Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy

http://bit.ly/1fsfMdJ

Ron, this one’s for you. CCE

Who Comes to the First Meeting of Creditors?

09 Saturday Nov 2013

Posted by in Bankruptcy Law, Consumer Law, Debt Collection

≈ Comments Off on Who Comes to the First Meeting of Creditors?

Tags

, , ,

If you are not familiar with bankruptcy law, and find yourself facing the First Meeting of Creditors, this is an excellent overview of what to expect. CCE

dowlinglawoffice's avatarBankruptcy Law Updates

Section 341 of the United States Bankruptcy Code requires that the United States Trustee shall hold a meeting of the creditors within a reasonable time (usually within 20 and 40 days) after a Bankruptcy Petition is filed.  It doesn’t restrict that to cases with assets or ongoing business activities or anything else.  It requires a meeting of creditors (generally referred to as the first meeting, because there can be more in complicated cases) in all cases filed.

It is called the First Meeting of Creditors (or 341 hearing), which confuses many of my clients who then seem to think that their creditors will actually show up.  In most consumer cases it is really a meeting between the Trustee assigned to the case, the debtor and debtor’s counsel.  I doubt anyone actually knows why the same provision for the same meeting is included in the Code for all chapters.  In reality…

View original post 510 more words

A Rose by Any Other Name . . . .

09 Saturday Nov 2013

Posted by in First Amendment, Legal Writing, Motions in Limine, Trial Tips and Techniques

≈ Comments Off on A Rose by Any Other Name . . . .

Tags

, , , ,

Counsel on both sides petition the Court to be called “specific” names. The jury, as juries sometimes do, may be able to think of some on its own. CCE

A response to a motion in limine that I wish I had received, by Hon. George Richard Kofp, Hercules and the umpire Blog

http://bit.ly/19NNlFV

 

Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

09 Saturday Nov 2013

Posted by in Contract Law, Discovery, E-Discovery, Litigation Hold, Sanctions, Trial Tips and Techniques

≈ Comments Off on Where Plaintiff Knew Likelihood of Possible Litigation, Magistrate Judge Sanctions Plaintiff for Inexcusable Failure to Issue Litigation Hold.

Tags

, , , , , ,

Law, Justice, Legislative, Legal force, Force ...

Plaintiff in Diaper Lawsuit Hit with Adverse Inference to Remedy Spoliation from Failure to Issue Legal Hold, by Legal Pro Blog

http://bit.ly/1hoswqk

Billionaire Hedge Fund Titan Stumbles Over Questions About Insider Trading in Video Deposition

06 Wednesday Nov 2013

Posted by in Corporate Law, Depositions, Discovery, Evidence, Fraud, SEC, Trial Tips and Techniques

≈ Comments Off on Billionaire Hedge Fund Titan Stumbles Over Questions About Insider Trading in Video Deposition

Tags

, , , ,

Seal of the U.S. Securities and Exchange Commi...

Exclusive: Watch Billionaire Steven Cohen Stumble Over Insider Trading Rules, by Nick Verbitsky, Martin Smith, and Dan Sugarman, FRONTLINE

http://to.pbs.org/188ekb9

In a never-before-published video, hedge fund titan Steven A. Cohen, whose firm this week agreed to plead guilty to securities fraud, describes federal securities laws as “vague,” and asks for an explanation of the basic Securities and Exchange Commission rule that prohibits insider trading.

*         *        *

The video offers a rare glimpse of the secretive billionaire investor at the center of the biggest insider trading prosecution in U.S. history talking about the very issues that have put him and his firm under such intense scrutiny.

Seeing Double

06 Wednesday Nov 2013

Posted by in Intellectual Property, Trademarks

≈ Comments Off on Seeing Double

Tags

, , , ,

Interlocking X’s Mark the Litigation Spot, by Lori L. Werdertich, Law Law Land

http://bit.ly/Hyd9uU

Oil and gas behemoth ExxonMobil has sued FX Networks in the United States District Court for the Southern District of Texas over the logo FX bestowed onto its newly launched network FXX.  Exxon alleges the FXX logo infringes on Exxon’s own logo featuring two interlocking X’s along a diagonal line sloping downward, left to right.

The FXX logo features a similar interlocking double X design that FXX is in the process of trying to register (though, to be nit-picky, these X’s connect along a diagonal sloping upward, left to right).

So what’s got Exxon’s gas pumps in a twist?  Well, according to Exxon, the FXX logo infringes on Exxon’s trademark, causing customer confusion, dilution of the trademark, unfair competition, and the unjust enrichment of FXX.  Exxon contends that it registered this interlocking X design and that it’s been in continuous use by the company for decades to designate its “famous” fuel pumps and gas stations “uniquely” associated with Exxon goods and services.  Judging from Exxon’s complaint, Exxon is especially perturbed that FXX has used the interlocking X’s standing alone in some of its recent promotions.  According to Exxon, Exxon has exclusive ownership over these interlocking X’s.

Android Apps for Lawyers

06 Wednesday Nov 2013

Posted by in Android Phones, Apps, Legal Technology

≈ Comments Off on Android Apps for Lawyers

Tags

,

2012′s Best Android Apps for Lawyers, by Jeffrey Taylor, The Droid Lawyer Blog

http://thedroidlawyer.com/2012/11/2012s-best-android-apps-for-lawyers/

This is Jeff’s 2012 List. There is also a hyperlink here for his 2011 List, and he’s taking nominations for his 2013 list. You will find all the information you need here. CCE

“National Consumer Law Center”

06 Wednesday Nov 2013

Posted by in Consumer Law, Elder Law

≈ Comments Off on “National Consumer Law Center”

Tags

English: BLue Line button

National Consumer Law Center – Advancing Fairness in the Marketplace for All

http://www.nclc.org/

This site has a ton of information. Check out the Blue Button on the far right – “For Consumers.” CCE

“How To” Guide on Coping with Debt Collectors . . . and more.

06 Wednesday Nov 2013

Posted by in Consumer Law, Debt Collection

≈ Comments Off on “How To” Guide on Coping with Debt Collectors . . . and more.

Tags

, ,

Dealing With Debt Collectors, by Elaine M. Dowling, Consumer Law

http://dowlinglawoffice.wordpress.com/2013/07/24/dealing-with-debt-collectors/

Please note hyperlink to additional resources from the Consumer Financial Protection Bureau. CCE

Ethical Cautions for Receiving and Sending Endorsements on LinkedIn

06 Wednesday Nov 2013

Posted by in In Custodia Legis

≈ Comments Off on Ethical Cautions for Receiving and Sending Endorsements on LinkedIn

Do LinkedIn Endorsements Violate Legal Ethics?, by Robert Ambrogi, Robert Ambrogi’s LawSites

http://www.perma.cc/0f88aXMTRCQ

More information and interesting thoughts in the Comments for this post. CCE

The Auto Insurance “Menu”

06 Wednesday Nov 2013

Posted by in In Custodia Legis

≈ Comments Off on The Auto Insurance “Menu”

Excellent advice that breaks down the auto coverage. Definitely worth a read! CCE

gregh1952's avatarThe Haubrich Law Firm, P.C.

By Gregory Haubrich

Attorney at Law

Auto-Insurance

When I ask my clients what their auto insurances coverages are they often tell me they have “full coverage”.  I ask to see their declarations pages, which show what their coverages are and what their premiums are.  They ask me why I am interested in their insurance when it was that other guy’s fault.  They worry that I’m going to make a claim against their insurance that will raise their rates.  Once I look at their declarations sheets I find all-too-often they don’t have useful or well chosen coverage at all.

So, here is a primer on the basic types of coverage you can get, and what they do for you.

Let me start right here with a recommendation: buy UM coverage, and get as much of it as you can get.  It is the most important, cost-effective, and useful type of insurance you can…

View original post 1,127 more words

Use Wickr To Send Encrypted Information On iOs And Android Phones

05 Tuesday Nov 2013

Posted by in Android Phones, Cell Phones, Confidentiality, Emails, iPhones, Legal Technology

≈ Comments Off on Use Wickr To Send Encrypted Information On iOs And Android Phones

Tags

, , , , , , , ,

Send Secure, Self-Destructing Messages with Wickr, by Robert Ambrogi at Robert Ambrogi’s Web Sites

http://bit.ly/HEj6aw

Lawyers have an ethical obligation to protect the confidentiality and security of communications with their clients. The more we learn about NSA snooping, the more we realize what a challenge that can be.

Overview of Features in Microsoft Word 2013

05 Tuesday Nov 2013

Posted by in Legal Technology, Word

≈ Comments Off on Overview of Features in Microsoft Word 2013

Tags

, ,

What’s New In Microsoft Word 2013? [Review], Abdullah Saqib, AddictiveTips.com

http://www.perma.cc/0dqLo3Xxnga

[DO NOT CLICK ON THE GREEN BUTTON THAT SAYS “DOWNLOAD”! It is NOT part of the article – it is an ad (possible malware?).  CCE]

What Do Stephen Colbert and Bill O’Reilly Have in Common?

05 Tuesday Nov 2013

Posted by in PowerPoint, Presentations

≈ Comments Off on What Do Stephen Colbert and Bill O’Reilly Have in Common?

Tags

, ,

How to Use PowerPoint without Abusing Your Audience, by Gadi Ben-Yehuda, govloop Blog

http://www.perma.cc/0nD9UppAJ61

Colbert, O’Reilly Offer PowerPoint Examples, by Benjamin Tomkins, AllBusiness.com

http://www.perma.cc/0dY7ttschyW

Video

YouTube Tutorial – Adding Bates Numbers in Adobe Acrobat Pro X

05 Tuesday Nov 2013

Posted by in Adobe Acrobat, Bates Numbers

≈ Comments Off on YouTube Tutorial – Adding Bates Numbers in Adobe Acrobat Pro X

Tags

, ,

Bates Numbering Tutorial using Adobe Acrobat Pro X, by Matt Lynch, GreenData, Inc.

http://www.youtube.com/watch?v=JW0R6b0TLsE

The Cardinal Rules of Trial Advocacy

05 Tuesday Nov 2013

Posted by in Admissibility, Closing Argument, Court Rules, Cross-Examination, Direct Examination, Evidence, Making Objections, Opening Argument, Trial Tips and Techniques

≈ Comments Off on The Cardinal Rules of Trial Advocacy

Tags

, , , ,

Everything You Ever Wanted To Know About Trial Procedure and Tactics, by James A. Tanford, Indiana University School Of Law

http://www.perma.cc/0WZumCVR9Ao

Easy to Avoid PowerPoint Mistakes

05 Tuesday Nov 2013

Posted by in Legal Technology, PowerPoint, Presentations, Trial Tips and Techniques

≈ Comments Off on Easy to Avoid PowerPoint Mistakes

Tags

,

The 12 Worst PowerPoint Mistakes Litigators Make, by Ken Lopez, The Litigation Consulting Report

http://www.perma.cc/0zDFaj4DRK4

Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

05 Tuesday Nov 2013

Posted by in Court Orders, Personal Injury, Uninsured Motorist

≈ Comments Off on Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

Tags

, ,

Pennsylvania Supreme Court Revisits Notice Requirement in UM Cases, by Daniel E. Cummins, TORT TALK

http://www.perma.cc/085wjhMSgfT

In an uninsured motorist benefits case that has gone all the way up the appellate ladder, back down again, and, now, all the way back up, the Pennsylvania Supreme Court in the matter of Vanderhoff v. Harleysville, No. 98 MAP 2012 (Pa. October 30, 2013)(Opinion by Eakin, J.), the court addressed the following issues:

(1) What constitutes “actual prejudice” to relieve and insurance company of its obligation to pay insurance benefits to an insured?

(2) Should “actual prejudice” involve proof by an insurance carrier that it suffered a real material impairment of its ability to investigation and defend an uninsured claim?

(3) What constitutes a reasonable basis for a trial court finding that prejudice exists in a late report of a phantom vehicle?

In its majority Opinion, the Court essentially held that all three issues are really part of the same test.