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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Litigation

Paralegal Checklist for Trial.

11 Sunday Mar 2018

Posted by Celia C. Elwell, RP in Litigation, Technology, Trial Notebooks, Trial Tips and Techniques

≈ 1 Comment

Tags

Christina Roberts CP, Digital Paralegal Services, Trial Preparation, Trial Techonology

What Does A Paralegal Do At Trial: Six Things Your War Room Must Have, by Christina Roberts, CP, Digital Paralegal Services (with permission from author and website)

http://bit.ly/2IkFXb5

This excellent post highlights important steps to prepare for trial. This is especially helpful when your trial is out of town.

I like the emphasis on the trial notebook. Your lead counsel may specify something similar. Regardless, it is your job to make sure they have whatever works for them. Still, this trial notebook is ideal, and is an excellent model to follow.

Some quick words about using technology in the courtroom. Visit the courtroom ahead of time. Write down the location of all electrical outlets. Take a lot of duct tape. Use duct tape to secure all wires and cords.

Ask the judge’s staff whether the judge has a preference or pet peeves. Perhaps the judge has local rules for technology in the courtroom?

If you got to trial often, you likely have your own stories of technology attempts that didn’t work. That could be a post all by itself. Mainly, my best advice to you is that, whatever can go wrong, will go wrong. Anticipate it, and be ready with a back-up plan. -CCE

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South Carolina Legal Blogs – The Cream of the Crop.

13 Wednesday Dec 2017

Posted by Celia C. Elwell, RP in Appellate Law, Criminal Law, Elder Law, Family Law, Litigation, Personal Injury, Probate and Trusts, Research, South Carolina Supreme Court, State Law, Tax Law

≈ 1 Comment

Tags

Justia, Legal Research, South Carolina Legal Blawgs

Most Popular South Carolina Blawgs, Blawg Search, Justia

https://blawgsearch.justia.com/blogs/countries/united-states/south-carolina

For my paralegal friends in South Carolina, here’s the top legal blogs in South Carolina sorted by popularity. There’s a little bit of everything here, and several caught my eye. It will take a while to digest it all. I recommend bookmarking this site, and visiting it often. -CCE

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An Analysis of the Unauthorized Practice of Law.

04 Monday Sep 2017

Posted by Celia C. Elwell, RP in Legal Analysis, Legal Writing, Litigation, Unauthorized Practice of Law, Wrongful Death

≈ Comments Off on An Analysis of the Unauthorized Practice of Law.

Tags

Case Analysis, Legal Profession Prof, Mike Frisch, Unauthorized Practice of Law

Wrongful Death Case Filed for Late Spouse Not Null and Void as Unauthorized Practice, by Mike Frisch, Legal Profession Prof (with hat tip to William P. Statsky)

http://bit.ly/2xK44uo

A man’s wife dies in a hospital due to complications after surgery. He sues the hospital and other defendant in a wrongful death lawsuit. You can represent yourself in court without a lawyer, but can you represent someone else without a lawyer? No, you can’t. It’s called the unauthorized practice of law. So, how did he do it? -CCE

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Daubert Analysis in Recent Federal Circuit Court Cases.

29 Thursday Jun 2017

Posted by Celia C. Elwell, RP in Authentication, Daubert Motion, Evidence, Litigation, Product Liability

≈ Comments Off on Daubert Analysis in Recent Federal Circuit Court Cases.

Tags

Daubert, Litigation & Trial, Max Kennerly, Product Liability

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.

Continue reading →

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State and Federal Cyber Bullying Laws.

29 Wednesday Mar 2017

Posted by Celia C. Elwell, RP in Cyber Bullying

≈ Comments Off on State and Federal Cyber Bullying Laws.

Tags

Cyber Bullying

Bullying Laws Across America, Cyber Bullying Research Center
http://cyberbullying.org/bullying-laws

(Please also note “Recent Updates” under the “Resources” button.)

Cyberbullying Laws, The Huffington Post©2017 http://www.huffingtonpost.com/news/cyberbullying-laws/

Bullying and Cyber Bullying Laws, Megan Meier Foundation
http://www.meganmeierfoundation.org/laws.html

Is Cyber Bullying Illegal? A Breakdown by State, TeenSafe®
https://www.teensafe.com/blog/cyberbullying-illegal-breakdown-state/

Cyberbullying + Laws, Charges & Statute of Limitations, FederalCharges.com
https://www.federalcharges.com/cyberbullying-laws-charges/

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Do You Use the Cloud for Document Storage or Production? Read This First.

28 Tuesday Feb 2017

Posted by Celia C. Elwell, RP in Attorney Work Product, Attorney-Client Privilege, Clouds, Confidentiality, Discovery, Dropbox, Emails, Encryption, Evidence, Insurance Defense, Legal Ethics, Legal Technology, Litigation, Passwords, Privilege and Confidentiality, Requests for Production, Sanctions, Subpoena Duces Tecum

≈ Comments Off on Do You Use the Cloud for Document Storage or Production? Read This First.

Tags

ABA Journal, Attorney-Client Privilege, Cloud Storage, Confidentiality, Debra Cassens Weiss, Discovery, File Sharing, Legal Ethics, Work Product Doctrine

Upload To File-Sharing Site Was Like Leaving Legal File On A Bench, Judge Says; Privilege Is Waived, by Debra Cassens Weiss, ABA Journal©

http://bit.ly/2mxwEcF

Many use the cloud for file storage and sharing when attachments are too big to send by email. If you use the cloud for storage, file-sharing or transfer, document management, project management, or anything similar, here is a cautionary tale.

The plaintiff insurance company sued the defendants, and sought a declaratory judgment on the defendants’ claim of loss by fire. The plaintiff’s investigator uploaded the entire claims file, including surveillance footage, to a drop-box cloud, Box, Inc. The link had no encryption or password. Access to the link alone allowed anyone to see the file.

He then sent the link by email to the plaintiff insurance company, who sent it to the insurance company’s attorneys, who inadvertently sent it the defendants’ counsel in response to a subpoena duces tecum.

The defendants’ counsel looked at it, but didn’t tell the plaintiff they had seen the privileged and confidential information. Inevitably, the defense sent the information back on a thumb drive to the plaintiff’s attorneys during discovery.

After vigorous arguments about confidentiality, work-product doctrine, attorney-client privilege, and disqualification of defense counsel, the facts and court’s reasoning make this an interesting read. -CCE

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“How To” On Drafting Dispute Resolution Agreements.

25 Sunday Dec 2016

Posted by Celia C. Elwell, RP in Contract Law, Dispute Resolution, Legal Writing, Settlement

≈ Comments Off on “How To” On Drafting Dispute Resolution Agreements.

Tags

Dispute Resolution, John M. Newman, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Settlement Agreements, SSRN

Drafting for Dispute Resolution, by John M. Newman, SSRN (with hat tip to Louis J. Sirico, Jr., Director of Legal Writing, Villanova Univ. School of Law, Legal Skills Prof Blog)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2867692

Not all cases end in litigation and go to trial. At times, the best service counsel can give to clients is an out-of-court resolution. Careful drafting of an agreement between the parties includes numerous considerations to protect your client and to assure acceptance by everyone involved. Definitely worth a bookmark. -CCE

This is a brief guide to drafting for dispute resolution. Topics covered include mandatory-arbitration provisions, class waivers, choice of law, choice of venue, exculpatory and liquidated-damages clauses, fee and cost allocations, and more. . . .

This guide seeks to concisely identify and explore, from a transactional perspective, the relevant questions, considerations, and law relating to these powerful tools. It also provides illustrative examples of well-drafted provisions, often drawn from real-world legal instruments. . . .

Continue reading →

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Why Creating A Timeline Will Help Your Case.

04 Monday Jul 2016

Posted by Celia C. Elwell, RP in Legal Technology, Litigation, Timelines, Trial Tips and Techniques

≈ Comments Off on Why Creating A Timeline Will Help Your Case.

Tags

Cogent Legal Blog, Legal Technology, Litigation, Morgan Smith, Timeline

How to Create a Timeline For Your Case: First Steps to Take and Choices to Make, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/08/how-to-create-a-timeline-for-your-case/

In litigation, almost every case will benefit from a timeline that lays out key facts and circumstances in a chronological order. The process of making a timeline can help you, the attorney, organize and strengthen your argument, and the end result is a clear and compelling visual presentation that will help all parties involved better understand your case.

But, which program should you use to create it? This is one question where there is simply no single best answer, and a lot depends on the forum you intend to use the timeline in. This post covers some benefits and drawbacks to different timeline tools and formats so you can determine which to use. To see a variety of timeline samples, please our timeline and portfolio sections of our website.

Continue reading →

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Another Use For A Special Needs Trust.

14 Saturday May 2016

Posted by Celia C. Elwell, RP in Litigation, Personal Injury, Probate and Trusts, Product Liability, Special Needs Trust, Trusts

≈ Comments Off on Another Use For A Special Needs Trust.

Tags

Product Liability Advocate Blog, Special Needs Trust

Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit, by Thomas M. DeMicco (NY Metro) and Phil Quaranta (NY Metro), Product Liability Advocate Blog

http://bit.ly/1UUiLT3

Product liability cases frequently involve severe and even catastrophic injuries.  As a result, product liability defense counsel and insurance adjusters must be familiar with the prospects for use of a special needs trust as a potential tool in the settlement of severe injury cases. Special needs trusts are frequently proposed as a component of the settlement of severe injury cases.

The purposes of the special needs trust are to allow a severely injured plaintiff to continue to receive social security benefits and to be protected from lien holders.

Continue reading →

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Communication Tactics and Jury Persuasion.

03 Sunday Apr 2016

Posted by Celia C. Elwell, RP in Jury Persuasion, Litigation, Trial Tips and Techniques

≈ Comments Off on Communication Tactics and Jury Persuasion.

Tags

Bill Clinton, David Clark, Donald Trump, Effective Communication, Jury Persuasion, Paul Luvera, Plaintiff Trial Lawyer Tips Blog

What Trial Lawyers Can Learn From Donald Trump, by Paul Luvera, Plaintiff Trial Lawyer Tips Blog

http://plaintifftriallawyertips.com/what-trial-lawyers-can-learn-from-donald-trump

No, I’m not talking about politics. I’m talking about communication tactics employed by Donald Trump.

Omaha Nebraska jury consultant David Clark and I have engaged in an exchange of emails over a  long period of time about the general subject of communication and in particular techniques taught at the Spence Trial College. However, since the presidential campaign has become active, our communications have focused upon Donald Trump and his communication style. Not because we are particularly interested in his political positions but because we both recognized that he employed significant communication techniques most people ignored. While most people regard him with intellectual disdain and are appalled by his verbal conduct, we believe there is a substantial amount of unrecognized communication tactics being used either knowingly or not. These are some significant techniques that we all should evaluate. . . .

Continue reading →

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Craig Ball Presents “Introduction to Discovery in U.S. Civil Litigation.

03 Sunday Apr 2016

Posted by Celia C. Elwell, RP in Civil Procedure, Discovery, E-Discovery, Federal Rules of Discovery, Litigation, Research

≈ Comments Off on Craig Ball Presents “Introduction to Discovery in U.S. Civil Litigation.

Tags

Ball in Your Court, Civil Litigation, Court Rules, Craig Ball, Discovery

Introduction to Discovery in U.S. Civil Litigation, by Craig Ball, Ball In Your Court

https://ballinyourcourt.wordpress.com/2016/04/03/introduction-to-discovery-in-u-s-civil-litigation/

Thank you, Craig Ball, for generously sharing your materials. If you have any interest whatsoever in litigation, this is a “must” read. -CCE

I am fortunate to teach electronic discovery and digital evidence in many venues. . . .

All of these entail accompanying written material, so there is a lot of research and writing for the various courses and presentations.  Some of my students aren’t lawyers or are law students with the barest theoretical understanding of discovery.  I’ve found it’s never safe to assume that students know the mechanisms of last-century civil discovery, let alone those of modern e-discovery.  Accordingly, I penned the following short introduction to discovery in U.S. civil litigation and offer it here in case you need something like it, especially if you’re also teaching this stuff.  [It’s copyrighted, but feel free to use it with attribution]. . . .

Continue reading →

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Want The Jury to Pay Attention? Use Good Storytelling Skills.

17 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Employment Law, Jury Persuasion, Litigation, Race Discrimination, Trial Tips and Techniques

≈ Comments Off on Want The Jury to Pay Attention? Use Good Storytelling Skills.

Tags

John Hyman, Jury Persuasion, Ohio Employer’s Law Blog, Storytelling

25 Million Reasons To Tell A Good Story, by John Hyman, Ohio Employer’s Law Blog

http://www.ohioemployerlawblog.com/2012/06/25-million-reasons-to-tell-good-story.html

Trying an employment case to a jury is an art. You are limited by a jury’s attention span (which, by the way, is getting worse as a result of 1,000 channel cable systems and 140 character tweets) to convey your message as quickly and as simply as possible. Complex legal arguments are out; creative storytelling built around a unified theme is in. . . .

Continue reading →

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In Litigation, First Things First.

10 Thursday Mar 2016

Posted by Celia C. Elwell, RP in Brief Writing, Discovery, Evidence, Legal Writing, Litigation, Motions

≈ Comments Off on In Litigation, First Things First.

Tags

Brief Right, Brief Writing, Evidence, Kirby Griffis, Litigation, Motions

Motions first, depositions second, by Kirby Griffis, Brief Right!

http://briefright.com/motions-first/

In my business, litigation, there is a typical order of events. A lawsuit is filed, then discovery is taken, then motions are filed and ruled upon, and then there is a trial. Litigators who haven’t thought carefully about their business may fall into the error of compartmentalizing these steps too much. Have you ever gone to write a crucial motion, only to discover that the testimony or documentary evidence that you need to put forward under the applicable law was never obtained, or came in the wrong way without being fixed?

Continue reading →

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Will Football Litigation Change How The Game Is Played?

06 Saturday Feb 2016

Posted by Celia C. Elwell, RP in Brain Damage, Damages, Football Helmets, Litigation, NFL, Sports Law, Torts

≈ Comments Off on Will Football Litigation Change How The Game Is Played?

Tags

Abnormal Use Blog, Brain Injury, Concussions, Football, Helmet-First Contact, NFL, Nick Farr

NFL Litigation May Forever Change Football, by Nick Farr, Abnormal Use Blog

http://abnormaluse.com/2013/08/nfl-litigation-may-ruin-football.html

If you are a football fan, you have probably heard about the concussion/brain injury litigation against the NFL. The litigation has been going on for quite some time and seems to be growing with every passing week. We here at Abnormal Use first wrote about it way, way back in 2011. Two years later, there appears to be no end in sight. While we have no idea when the litigation will end, we have a pretty good idea of how it might do so. More than likely, the numerous current and former player plaintiffs will find themselves the recipients of a hefty settlement. But the financial and legal ramifications of this suit should be the least of the NFL’s concern. We here at Abnormal Use fear that this litigation may put a nail in the coffin of football as we know it. . . .

Continue reading →

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If You Sign A Waiver To Play Sports, Have You Agreed To Assume The Risk If You Get Hurt?

06 Saturday Feb 2016

Posted by Celia C. Elwell, RP in Litigation, Recent Links and Articles, Sports Law, Summary judgment, Torts

≈ Comments Off on If You Sign A Waiver To Play Sports, Have You Agreed To Assume The Risk If You Get Hurt?

Tags

Assumption of the Risk, Daniel E. Cummins, Football, Tort, TORT TALK, Waiver

Judge Gibbons Grants Summary Judgment Based on Waiver Form and Assumption of Risk in Football Injury Case, by Daniel E. Cummins, Tort Talk

http://www.torttalk.com/2016/02/judge-gibbons-grants-summary-judgment.html

With the Super Bowl on the horizon comes the case of first impression of Feleccia v. Lackawanna Coll., No. 12-CV-1960, 2016 WL 409711 (C.P. Lacka. Co. Feb. 2, 2016 Gibbons, J.), in which Judge James A. Gibbons of the Lackawanna County Court of Common Pleas was faced with the issue whether two junior college students who were injured at a preseason football practice were barred from recovering against the college because both signed waivers of liability prior to their injuries. . . .

Continue reading →

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9th Circuit Overturns Sealed Order Hiding Chrysler Defect – Not Something You See Every Day.

17 Sunday Jan 2016

Posted by Celia C. Elwell, RP in 9th Circuit Court of Appeals, Appellate Law, Class Actions

≈ Comments Off on 9th Circuit Overturns Sealed Order Hiding Chrysler Defect – Not Something You See Every Day.

Tags

9th Circuit Court of Appeals, Class Actions, Jennifer Bennett, Public Justice Blog, Sealed Court Records

Same Story, New Ending: Court Overturns Order Sealing Chrysler Defect, by Jennifer Bennett, Public Justice Blog

http://bit.ly/1TSR0ab

It’s the same story, over and over again: Corporation conceals deadly defect. Someone dies, and their family sues. Corporation settles quietly. Court records are sealed. Nobody finds out. More people are hurt; more people sue; more settlements are reached; more records are sealed. Lather, rinse, repeat.

This is how GM was able to hide an ignition switch defect that killed over a hundred people for more than a decade. It’s how Remington concealed evidence that its most popular rifle can fire without anyone pulling the trigger. . . .

Continue reading →

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FDA Finally Issues Stronger Requirements for Transvaginal Mesh.

05 Tuesday Jan 2016

Posted by Celia C. Elwell, RP in Government, Litigation, Product Liability

≈ Comments Off on FDA Finally Issues Stronger Requirements for Transvaginal Mesh.

Tags

FDA, Litigation and Law Blog, Max Kennerly, Product Liability, Transvaginal Mesh

The FDA Is Doing Too Little, Too Late About Transvaginal Mesh, by Max Kennerly, Esq.,  Litigation and Law Blog

http://bit.ly/1TBQ4qN

I’ve written about transvaginal mesh so many times I feel like a broken record. But it’s still an issue affecting tens of thousands of families and will continue to be an issue as long as that infernal implant keeps being sold and the manufacturers keep refusing to do right by the families that have already been hurt by them. . . .

Continue reading →

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Observations On Gerry Spence’s Witness Examination Technique.

30 Wednesday Dec 2015

Posted by Celia C. Elwell, RP in Cross-Examination, Direct Examination, Experts, Litigation, Storytelling, Trial Tips and Techniques

≈ Comments Off on Observations On Gerry Spence’s Witness Examination Technique.

Tags

Gerry Spence, Paul Luvera, Plaintiff Trial Lawyer Tips, The Smoking Gun, Witness Examination

Gerry Spence Witness Examination Excerpts, by Paul Luvera, Plaintiff Trial Lawyer Tips

http://plaintifftriallawyertips.com/gerry-spence-witness-examination-excerpts

In 1985, a man was shot dead on a rural road in Lincoln County, Ore. A teenage boy and his mother were indicted for the crime. Gerry Spence took on both cases for the defense pro bono and faced off against a young prosecutor named Joshua Marquis in the juvenile’s trial; the attorneys did not take a shine to each other. So contentious was the trial that they both ended up before the Oregon State Bar. A special report in the bar matter described their relationship as ‘reveal[ing] a degree of hostility and vituperation unique in our experience.’ The bar charges were dismissed, but the animosity remained. Spence wrote a book about the Oregon trials The Smoking Gun.

I was at the courthouse in Portland during a day or two of this trial. I was able to spend some time with Gerry and his partner during recess. He did an amazing job of obtaining an acquittal for his client. I have part of the transcript of that trial. I recently re-read Gerry’s examination of the polygraph operator from that trial. Gerry’s position was the accuser, wife of the deceased, was actually the one who accidentally shot her own husband and then blamed his client who was a neighbor.  He called the polygraph operator to show the accuser had failed the polygraph test. I’m setting out a few illustrations from that transcript for your consideration.

Continue reading →

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How The FAST Act Will Affect Tire Manufacturers and Retailers.

20 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Motor Vehicle, Product Liability

≈ Comments Off on How The FAST Act Will Affect Tire Manufacturers and Retailers.

Tags

Fixing America’s Surface Transportation (FAST) Act, Product Liability Advocate Blog, Robert D. Sullivan Jr.

Fixing America’s Surface Transportation (FAST) Act Could Spell Trouble for Tire Manufacturers, Distributors and Retailers, by Robert D. Sullivan, Jr., Product Liability Advocate Blog

perma.cc/9YLE-87Z3

On December 4, 2015, President Obama signed into law a massive (1,300-page) five-year, $281 billion transportation bill that not only covers highway, transit and rail project funding but also includes the following important provisions regarding tires:

Tire retailers will be required to register tires at the time of purchase. This means customer-contact information will be obtained and stored electronically when a customer buys tires, which will facilitate recalls. . . .

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Seventh Circuit Rules On The Weight Of Scientific Evidence.

02 Monday Nov 2015

Posted by Celia C. Elwell, RP in 7th Circuit Court of Appeals, Evidence, Insurance Defense, Litigation, Personal Injury, Product Liability, Torts

≈ Comments Off on Seventh Circuit Rules On The Weight Of Scientific Evidence.

Tags

Brian O'Connor Watson, Causation, Neil Loyd, Personal Injury, Product Liability, Product Liability & Mass Torts Blog, Robert H. Riley, Scientific Evidence, Toxic Torts

Seventh Circuit Ruling On Scientific Evidence Closes Some Doors But Opens Others, by Robert H. Riley, Neil Loyd, and Brian O’Connor Watson, Product Liability & Mass Torts Blog

http://tinyurl.com/nmjffed

Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and in the water we drink — and many of these substances are naturally occurring. It is impossible to have zero exposure to all of them.

For both science and law, however, the issue is not whether someone has some detectable exposure. Rather, it is whether the dose was sufficient (in quantity and duration) to cause harm.

Continue reading →

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A Different Perspective On Mass Torts.

02 Monday Nov 2015

Posted by Celia C. Elwell, RP in Class Actions, Litigation, Torts

≈ Comments Off on A Different Perspective On Mass Torts.

Tags

Class Action, Litigation and Trial Blog, Mass Torts, Max Kennerly, Quantum Meruit, Tort Reform, Transvaginal Mesh Lawsuits

The Lucrative Mass Torts Scam That Wasn’t, by Max Kennerly, Esq., Litigation and Trial, The Law Blog of Plaintiff’s Lawyer Max Kennerly

http://tinyurl.com/pn9oy5z

The lawsuit brought by financier Amir Shenaq against mass-torts law firm AkinMears has made the rounds of the tort reform blogs (e.g., SETexas Record, Daniel Fisher at Forbes, and Paul Barrett at Bloomberg), so I figured some plaintiff-side commentary was in order. The details of the lawsuit confirm what I’ve been saying for years: ‘Mass torts is not an area in which you want to dabble and start throwing around discounts. It’s work, it’s risky, and it can be very, very expensive.’

Continue reading →

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How to Use Excel to Create Searchable Bates Numbers.

26 Saturday Sep 2015

Posted by Celia C. Elwell, RP in Adobe Acrobat, Bates Numbers, Excel, Legal Technology, Litigation, Microsoft Office

≈ Comments Off on How to Use Excel to Create Searchable Bates Numbers.

Tags

Amy Bowser-Rollins, Bates Numbers, Excel Esquire, Litigation Support Guru, Microsoft Excel

Fast Tip Friday, Convert Doc Number List to Searchable Bates Numbers, by Amy Bowser-Rollins, Litigation Support Guru

http://tinyurl.com/pdg3pnx

This is an adaptation of an article posted on the Excel Esquire site. This scenario happens often in the middle of a litigation matter. Attorneys will make a list of relevant document numbers and only include the part of the number that is different. But in order for a paralegal or litigation support professional to run a search for the documents in a database, we need to re-format the document numbers. . . .

Continue reading →

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Fifth Circuit Reverses District Court On Termination of Temporary Employees.

24 Monday Aug 2015

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Employment Law, Litigation, Summary judgment, Workers' Compensation, Wrongful Termination

≈ Comments Off on Fifth Circuit Reverses District Court On Termination of Temporary Employees.

Tags

EEOC, Employment Law, Manpower, San Antonio Employment Law Blog, Summary judgment, Thomas J. Crane

Fifth Circuit Reverses Western District for Making Credibility Determinations, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/nk7tmln

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944 (5th Cir. 8/10/2015), the Fifth Circuit overruled the district court’s summary judgment. The court addressed a frequent issue, who is responsible for the termination of temporary employees? But, in so doing, the higher court also addressed a more frequent issue, how to apply the summary judgment standard. . . .

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OneNote 2007 — Technology Suitable For Your Next Trial Notebook?

23 Sunday Aug 2015

Posted by Celia C. Elwell, RP in Legal Technology, OneNote, Trial Notebooks

≈ Comments Off on OneNote 2007 — Technology Suitable For Your Next Trial Notebook?

Tags

Bruce A. Olson, Legal Technology, LLC, OneNote 2007, ONLAW Trial Technologies, Trial Notebooks

The Trial Lawyer’s Electronic Notebook, by Bruce A. Olson, ONLAW Trial Technologies, LLC (Applies to Microsoft Office OneNote 2007)

http://tinyurl.com/p259x62

In my experience, it is rare to find two lawyers who prepare exactly the same way for trial. Some folks still adhere to tradition – banker’s boxes filled with pleadings, witness files, deposition transcriptions, etc. Others rely solely on technology, which is great as long as the judge’s courtroom has adequate resources and space. Others prefer a combination of the two.

Certainly, if your jury is filled with younger people, please use technology rather than cumbersome foam boards on easels for presentations to the jury. Otherwise, you will likely bore them to death and quickly lose their attention.

I found this example intriguing because it uses OneNote. Granted it is the 2007 version, but it still gives an excellent example of how to use this type of technology to organize a trial notebook. I am not saying this is the only type of technology that can be used in to prepare trial notebooks. Hopefully it will give you inspiration to try this method or another type of technology at trial. -CCE

My opposing counsel kept looking at me with obvious envy as I made my argument to the judge why certain key evidence should be excluded from the trial we were involved in. I could tell from the look on the attorney’s face that he was puzzled how I could refer to portions of the record, prior witness testimony, exhibits, case law, and a brief that I had previously submitted, all without a single piece of paper in front of me. The only thing I used was my laptop and a mouse. He sat at a table with loose papers piled haphazardly, manila folders strewn about, and a Bankers Box on the floor, stuffed to overflowing. . . .

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Need To Negotiate and Settle A Case? There’s An App For That.

29 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Apps, Legal Technology, Litigation, Settlement

≈ Comments Off on Need To Negotiate and Settle A Case? There’s An App For That.

Tags

Legal Productivity Blog, Litigation, Negotiation App, Picture It Settled, Settlement, Travis Francis

Legal Productivity: iPad App: Picture It Settled – Negotiation App for Lawyers, by Travis Francis, Legal Productivity Blog

http://tinyurl.com/p7qjtqt

Settlement negotiations are never fun. The back and forth and countless rounds of negotiations can cause the process to be drawn-out and downright exhausting.

To make negotiations a little easier, Don Philbin and a team of attorneys and statisticians created Picture It Settled. According to the apps website, ‘the intelligent software has learned negotiation strategy from deep data from negotiation patterns in several thousand litigated cases, ranging from fender benders to intellectual property disputes in locations from tiny counties, large cities and everything in between.’ . . .

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