Monthly Archives: June 2017

Daubert Analysis in Recent Federal Circuit Court Cases.

29 Thursday Jun 2017

Posted by in Authentication, Daubert Motion, Evidence, Litigation, Product Liability

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Daubert In Product Liability Cases: Mid-2017 Update, by Max Kennerly, Litigation & Trial

http://bit.ly/2s7ZL96

An excellent analysis of Daubert in 4 product liability cases from the federal circuit courts. -CCE

Today we’re going to review the state of the art, as it were, of Daubert in product liability cases by examining the four most recent published Court of Appeals opinions. Those opinions are:

  • Adams v. Toyota Motor Corp., No. 15-2507, 2017 WL 2485204 (8th Cir. June 9, 2017)
  • In re Zoloft (Sertraline Hydrochloride) Prod. Liab. Litig., 16-2247, 2017 WL 2385279 (3d Cir. June 2, 2017)
  • Wendell v. GlaxoSmithKline LLC, No. 14-16321, 2017 WL 2381122 (9th Cir. June 2, 2017)
  • Nease v. Ford Motor Co., 848 F.3d 219 (4th Cir. 2017)

Plaintiffs lost Zoloft and Nease, and won Adams and Wendell. But it would be foolish to look at these cases simply as a scorecard: the real issue here for future cases is how the courts decided the cases.

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Updated Research Guide from Sabrina Pacifici.

18 Sunday Jun 2017

Posted by in Research

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Competitive Intelligence – A Selective Resource Guide – Updated June 2017, by Sabrina I. Pacifici, LLRX.com

https://www.llrx.com/archives/subject/competitive-intelligence-resource-guide/

Sabrina Pacifici is, and has been, a prolific and reliable legal research resource for as long as I can remember. The quality of her work is without question. Here, she has given us a gift of a large compilation of excellent research sources, updated this month, and a “must bookmark.” I highly recommend her. -CCE

 

Former FBI Director Comey Acknowledged As Legal Writing Star.

13 Tuesday Jun 2017

Posted by in Editing, Legal Writing, Persuasive Writing, Plain Language, Readability

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Why Does Comey Get an “A” in Legal Writing for His Written Testimony? by Megan E. Boyd, Lady (Legal) Writer Blog

http://ladylegalwriter.blogspot.com/2017/06/why-does-comey-get-a-in-legal-writing.html

Guest post writer, Kirsten Davis, J.D., Ph.D., and Megan Boyd, the author of the Lady (Legal) Writer Blog, know great legal writing when they see it. Last Thursday, when appearing before the Intelligence Committee, Idaho Senator James Risch described former FBI Director James Comey’s written testimony as “clear,” “concise,” and “as good as it gets.”  You don’t hear that every day. So, what made Comey’s writing deserve such high praise? Enjoy this lesson on excellent legal writing. -CCE

Legal Writing Benchslaps – Big Ouch!

05 Monday Jun 2017

Posted by in Bad Legal Writing, Benchslap, Judges, Legal Writing

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How Poorly Drafted Pleadings and Bad Writing Can Hurt Your Client and You, Online Writing Center, Writing Tools, PennState Law

http://bit.ly/2rrqfEr

There are some basic rules of legal writing that are fatal to ignore. This post illustrates some of the most common errors that cost the author dearly. When the court goes to the trouble to benchslap the lawyer’s writing, take the court’s criticism to heart and avoid making the same writing mistakes.

This post also has a bonus. Look at the bar on the left to find legal writing exercises and answers. -CCE

The Basics of Legal Writing for Legal Professionals.

04 Sunday Jun 2017

Posted by in Editing, Grammar, Legal Argument, Legal Writing, Plain Language, Readability

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The Writing Process for New Lawyers: Getting it Written and Right, by Gerald Lebovits, The Legal Writer, 89 N.Y. St. B.J. 80 (May 2017) (with hat tip to William P. Statsky)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2967050

Although this article is about the basics of legal writing, even seasoned legal writers will find it useful and instructive. Regardless of how well we think we write, we can always improve.

This article puts an emphasis on focusing on the purpose of your document, organizing your thoughts, considering your reader, researching, and editing. In short, all the basics you need to write well. -CCE