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Category Archives: In Custodia Legis

Broken Badly: The Anderson Living Trust v. WPX Energy Production

11 Sunday May 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Broken Badly: The Anderson Living Trust v. WPX Energy Production

craigball's avatarBall in your Court

Breaking BrowningU.S. District Judge James Browning is a fine fellow.  There are many reasons to say so; but the first is that, though he sits in New Mexico, he was born in the Great State of Texas.  Judge Browning kindly spoke to my E-Discovery class at the law school in September 2012.  I’d sought him out because he’d been ably grappling with e-discovery issues in a case styled S2 v. Micron.  In his remarks to my class, he splendidly recounted some of the challenges faced by judges who ascended to the bench before the Age of Digital Evidence.  Judge Browning has one of those C.V.s that could make any lawyer hate him (e.g., Yale, varsity letterman, Law Review editor-in-chief, Coif, Supreme Court clerk); but he’s a good judge and a nice guy to boot.

I share my admiration of Judge Browning to underscore that I feel a bit of a rat…

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Microsoft Office for iPad

04 Sunday May 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Microsoft Office for iPad

I’ll be interested to see how well the apps work, and whether it lives up to its promises. -CCE

Litig8rTech's avatarLITIG8R TECH


If you have been waiting for Microsoft to deliver Word, Excel and PowerPoint to iPad, your wait finally came to an end about a month ago.

From the developer:

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Civil Rights Litigation Clearing House.

16 Sunday Mar 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Civil Rights Litigation Clearing House.

Tags

Civil Rights, Civil Rights Litigation Clearing House

Civil Rights Litigation Clearing House, University of Michigan Law Center

http://www.clearinghouse.net/index.php

The Civil Rights Litigation Clearinghouse collects documents and information from civil rights cases in specific case categories across the United States. It is available to scholars, teachers, students, policymakers, advocates, and the public, to allow greater understanding of civil rights litigation in this country.

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When a Collector Threatens You With Jail

03 Monday Mar 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on When a Collector Threatens You With Jail

dowlinglawoffice's avatarBankruptcy Law Updates

There are two scenarios that I have seen where purported debt collectors have threatened people with jail.  One of them is an out and out scam.  The other is just illegal.  The scam is the most common so let’s start there.

  • Collector calls and tells you that if you don’t pay a certain bill immediately, the Sheriff is going to come to your house and arrest you.  You have to pay this today.  You are going to be arrested tomorrow.  The only way you can pay this is by electronic funds transfer from your checking account over the phone RIGHT NOW.  You cannot mail in a check — even a certified check sent next day delivery.  Nope.  It must be over the phone, straight from your checking account RIGHT NOW.

When was the last time a legitimate debt collector wouldn’t take a cashier’s check by mail?  They are so interested…

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Amending the Proposed Amendments

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

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Craig Ball shares his thoughts on comments already made, the extension of the amendment comments deadline, and the comment he intends to make once the submission web page is back up and running. -CCE

craigball's avatarBall in your Court

drawing boardToday was ostensibly the last day for public comment on the proposed amendments to the Federal Rules of Civil Procedure.  The good news for other procrastinators is that the submission deadline has been extended to accommodate scheduled website maintenance,  The new deadline for submitting public comments is 11:59 PM ET on Tuesday, February 18, 2014.  Over a thousand comments have been submitted, and I’ve been trying to wade through them, unsurprised at the deep division between plaintiffs and corporate interests.  I can’t recall another time when so much has been spent by corporate lobbyists to influence the civil rulemaking process.  Clearly, corporate America expects a bigger payoff from these proposed amendments than I do.

Notwithstanding their strengths, there are aspects of the proposed amendments that should go back to the drawing board.  Many commentators focus on problems with Proposed Rule 26 and it’s efforts to narrow the scope of discovery…

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Travel Tools – Plan Your Trip and Avoid Hassles.

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Travel Tools – Plan Your Trip and Avoid Hassles.

Tags

Flight Delays, Gas Prices, Road Closures, Train Schedules, Travel Tips, USA.gov Blog, Weather Forecasts

Travel Tools to Help You Avoid Hassles and Stay Safe, USA.gov

http://tinyurl.com/loefssz

Weather forecasts, flight delays, national traffic and road closures, train schedules, and gas prices near you. -CCE

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Christmas Online Shipping Failure.

28 Saturday Dec 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Christmas Online Shipping Failure.

Tags

Amazon.com, Bloomberg Businesweek, Christmas, FedEx, Online shopping, U-Haul, United Parcel Service

The Ample Evidence Behind a Christmas Shipping Surge, by Kyle Stock, Bloomberg Businessweek

http://tinyurl.com/m286hys

Amazon vs iCal

 

Were you one of the  folks who were disappointed when your online order did not arrive before Christmas? Did you wonder why so many packages were late? I wondered myself, and talked myself out of ordering something on Amazon after reading the complaints about late deliveries posted on Amazon’s website. This is why a lot of orders did not arrive on time. -CCE

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What If Your Client’s Business Has More Than One Insurance Policy?

03 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on What If Your Client’s Business Has More Than One Insurance Policy?

Affirmative Disclosure of Insurance Agreements, by Michael Lowry, Compelling Discovery Blog

 http://www.compellingdiscovery.com/?p=2070

[T]he Supreme Court interpreted this section in Vanguard Piping v. Dist. Ct., 129 Nev. Adv. Op 63 (2013). Some parties, usually sophisticated ones, will have more than one insurance policy for a particular loss. For instance, a party might have a primary policy, then an excess policy and then an umbrella policy after that. The reason for the multiple layers is to maximize protection while hopefully taking advantage of the premium differences that arise from the varying risk exposure at different levels.

Vanguard Piping is apparently one of those sophisticated parties that has multiple layers of insurance. It apparently disclosed the layer of insurance that would have covered the losses alleged in the suit, but refused to disclose anything further. Regardless of whether this was appropriate for practical considerations, the Supreme Court ultimately concluded the literal language of the rule required far more.

 

 

 

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Cities and Towns Struggle With What To Do For The Homeless.

27 Wednesday Nov 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Cities and Towns Struggle With What To Do For The Homeless.

Tags

Adam Nagourney, Food Banks, Free Meals, Homeless, Mental Illness, New York Times, Thanksgiving dinner

As Homeless Line Up for Food, Los Angeles Weighs Restrictions, by Adam Nagourney, The New York Times

http://tinyurl.com/qzqthlb

On the day when many of us are concentrating on bringing our families together and giving thanks, we are reminded that many will go without with what many consider the normal Thanksgiving “feast.” TV commercials show families sitting around the table. For weeks, cooking shows have concentrated on giving us dozens of ideas for new twists on how to cook those sweet potatoes and new recipes for cranberry relish.

Cities and towns across the country provide a city-wide Thanksgiving dinner open to anyone who wants to come.  In other cities and towns, free meals are provided for the homeless. Many families and individuals will not sit around the table and carve a turkey today. They simply cannot afford that luxury. They may be homeless or unemployed – or both.

But for many, attracting the homeless and needy to their neighborhoods or other areas of a city is a problem. Many homeless are mentally ill. The question of where the line is drawn becomes a hot issue.

People want to help, but they do not want the homeless to become squatters or a blight in their neighborhoods. This article attempts to tackle the issues of cities with a high homeless population and present both sides. It is a difficult and complex problem with no easy answer. CCE

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A must read essay on Judge Scheindlin and the Second Circuit

12 Tuesday Nov 2013

Posted by Celia C. Elwell, RP 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

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Ethical Cautions for Receiving and Sending Endorsements on LinkedIn

06 Wednesday Nov 2013

Posted by Celia C. Elwell, RP 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

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The Auto Insurance “Menu”

06 Wednesday Nov 2013

Posted by Celia C. Elwell, RP 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…

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European Parliament Moves Forward With Data Protection Reform

29 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on European Parliament Moves Forward With Data Protection Reform

Tags

European Parliament, Information privacy, Viviane Reding

LIBE Committee vote backs new EU data protection rules, European Commission Memo, Europa Press Release Database
http://perma.cc/0wJ1WyFMgmc

‘The vote by the European Parliament’s leading committee is a strong signal for Europe. It paves the way for a uniform and strong European data protection law that will cut costs for business and strengthen the protection of our citizens: one continent, one law,’ said Vice-President Viviane Reding, the EU’s Justice Commissioner.

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Turn In Your Unused or Expired Medication for Safe Disposal on Saturday, Oct. 26, 2013

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Turn In Your Unused or Expired Medication for Safe Disposal on Saturday, Oct. 26, 2013

Tags

Drugs, Medication, Prescriptions

National Prescription Take Back Day, Office of Diversion Control, Drug Enforcement Division, U.S. Department of Justice
http://www.deadiversion.usdoj.gov/drug_disposal/takeback/

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30 Photoshop Keyboard Shortcuts

23 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on 30 Photoshop Keyboard Shortcuts

Tags

Keyboard Shortcuts, Photoshop, Presentations

30 Keyboard Shortcuts to Help You Photoshop Like a Pro, by Ginny Soskey, HubSpot (with hat tip to Allen Mihecoby, CLAS, RP®!)
http://blog.hubspot.com/marketing/photoshop-keyboard-shortcuts-list#!

 

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Good legal writers know subheadings are persuasive tools used to convince the Court to rule in our client’s favor.

21 Monday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Good legal writers know subheadings are persuasive tools used to convince the Court to rule in our client’s favor.

A better way to write subheadings?, by Raymond Ward, the (new) legal writer
http://bit.ly/1aa73vf

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Facebook’s New Controversial Rule Change on Teen Privacy

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Facebook’s New Controversial Rule Change on Teen Privacy

Tags

Facebook, Privacy, Teens

Facebook Loosens its Rules on Teen Privacy, by Sharon Gaudin, CIO
http://bit.ly/1i2A4d6

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First All-Alaskan Panel in Ninth Circuit

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on First All-Alaskan Panel in Ninth Circuit

Tags

Appellate Law, Ninth Circuit

Ninth Circuit Seats First All-Alaskan Appellate Panel, by The Third Branch News, United States Courts Blog
http://news.uscourts.gov/ninth-circuit-seats-first-all-alaskan-appellate-panel

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Oklahoma Uniform Criminal Jury Instructions

14 Monday Oct 2013

Posted by Celia C. Elwell, RP in In Custodia Legis

≈ Comments Off on Oklahoma Uniform Criminal Jury Instructions

Tags

Criminal Law, Jury instructions

The Oklahoma Uniform Jury Instructions – Criminal has been revised effective immediately. You can find the new Criminal Jury Instructions at the OCCA Online Website: http://www.okcca.net/online/download.jsp,  A redlined version showing the changes is at 2013 OK CR 13.

 

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