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The Researching Paralegal

Monthly Archives: April 2018

Announcement: Comment Requested to Restyle the Federal Rules of Bankruptcy Procedure.

25 Wednesday Apr 2018

Posted by Celia C. Elwell, RP in Bankruptcy Court Rules, Bankruptcy Law

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Federal Rules of Bankruptcy Procedure, U.S. Bankruptcy Court

Invitation for Comment to Restyle the Federal Rules of Bankruptcy Procedure, United States Courts 

http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment/invitation-comment-restyle-federal-rules

Over the last several years, many of the federal rules have undergone a process known as restyling, designed to make them simpler, more understandable and easier to read and use. With the exception of the rules in Part 8, which were recently revised, the Rules of Bankruptcy Procedure have not been restyled, partially in deference to their close linkage to provisions of the Bankruptcy Code.

The Advisory Committee on Bankruptcy Rules is now considering whether to recommend that the Bankruptcy Rules undergo the restyling process and is soliciting input from the public. With the assistance of the Federal Judicial Center, the Advisory Committee’s Restyling Subcommittee has created a short survey seeking opinions and comments on the benefits and drawbacks of restyling.

If you or your organization would like to provide feedback, please complete the survey (link is external) by June 15, 2018. We encourage you to contribute your views.

The survey results will be reviewed by the Restyling Subcommittee and given careful consideration as it decides what recommendation to make to the Advisory Committee.

Sandra Ikuta, Chair, Advisory Committee on Rules of Bankruptcy Procedure

Dennis Dow, Chair, Bankruptcy Rules Restyling Subcommittee, Chair-Designate, Advisory Committee on Rules of Bankruptcy Procedure

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Why The Jury Blamed The Injured Plaintiff.

24 Tuesday Apr 2018

Posted by Celia C. Elwell, RP in Jury Persuasion, Plaintiff's Counsel, Trial Tips and Techniques

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Jury Persuasion, Paul Luvera, Plaintiff Trial Lawyer Tips

Understanding Why Jurors Want To Blame The Injured Plaintiff, by Paul Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/understanding-why-jurors-want-to-blame-the-injured-plaintiff

There are times when it simply does not make sense that the jury did not sympathize with the plaintiff. Yes, there can be legal reasons for the outcome, but there are certain psychological motives as well. This post does an excellent job of identifying and explaining them. -CCE

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Federal Judge’s E-Admissibility Chart.

21 Saturday Apr 2018

Posted by Celia C. Elwell, RP in E-Discovery

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Craig Ball, E-Discovery, U.S. District Court Judge Paul Grimm

Handy Chart on E-Admissibility, posted by Craig Ball, Ball In Your Court (with hat tip to U.S. District Court Judge Paul Grimm)

https://bit.ly/2HFzZE1

In my opinion, Craig Ball, his seminars, and his blog, are at the top of my list of “go to” sources anything related to e-discovery. Written by U.S. District Court Judge Paul Grimm, this chart is e-discovery gold. Highly recommend a bookmark! -CCE

I received a fine gift this morning from U.S. District Judge Paul Grimm, and with the authors’ permission, I’m sharing it with you.  It’s a splendid chart on admissibility of electronic evidence that any trial lawyer will want when going to Court.  For younger readers, I will explain what “going to Court” means in a future post.

Continue reading →

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United States Sentencing Commission Unanimously Adopts 2018 Guideline Amendments.

19 Thursday Apr 2018

Posted by Celia C. Elwell, RP in Criminal Law, Sentencing Guidelines

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2018 Sentencing Guideline Amendments, United States Sentencing Commission

NEWS RELEASE: USSC Unanimously Adopts 2018 Guideline Amendments

https://content.govdelivery.com/accounts/USSC/bulletins/1e8f001

To access the new amendments, click here: https://bit.ly/2JLNGj6. -CCE

 

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If You Want To Know How To Do Something, Ask A Paralegal.

14 Saturday Apr 2018

Posted by Celia C. Elwell, RP in Intellectual Property, Paralegals/Legal Assistants

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Adam Houldsworth, Deborah Hampton, Intellectual Property, Paralegals, World Trademark Review™

How the legal profession under utilizes paralegals: exclusive interview with Deborah Hampton of Chemours, by Adam Houldsworth, World Trademark Review™ (hat tip to William P. Statsky)

https://bit.ly/2veKSrh

I met Deborah Hampton years ago, and was impressed then by her intelligence, poise, kindness, and professionalism. I am even more impressed now. -CCE

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State-by-State Recording Laws from the Reporter’s Committee for Freedom of the Press.

04 Wednesday Apr 2018

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Discovery, Evidence, Recordings, Research, State Law, Statutes

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Recordings, Reporter’s Committee for Freedom of the Press, State Statutes

State-by-State Reporter’s Guide – Tape Recording Laws At a Glance, Reporter’s Committee for Freedom of the Press

https://www.rcfp.org/reporters-recording-guide/state-state-guide

Do you ever record a telephone conversation without telling the person at the other end of the line? It happens quite frequently. But, is it legal? Do you need the other person’s consent? Can it be used as evidence in court? Could you get arrested if you let someone else listen to it? What about hidden cameras?

These statutes were last updated in 2012. When you find your state and the relevant statute, verify that the law has not been changed since 2012. I would take it one more step, and check to see whether there is any pending legislation that might change the law. -CCE

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