Keeping Medical Records Costs Down.

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Defeating The Medical Records Paper Copy Scam, by Max Kennerly, Esq., Litigation and Trial Blog (with hat tip to Evan Schaeffer, The Trial Practice Tips Blog!)

http://tinyurl.com/mmpm4sy

Mr. Kennerly explains why obtaining medical records need not be expensive, and provides a sample letter with citation to legal authority. -CCE

Hardly a day goes by without a letter from my office either requesting medical records or paying for them. Some days, I sign more than a dozen. It’s perhaps the most common thread among all my cases: the vast majority of my clients have been physically injured in one way or another, and at a bare minimum, I need the records from their doctors and hospitals to show the diagnoses they have and the treatment they have received.

Every patient has a right to receive their medical records, and by law should be able to obtain those records promptly at no markup, with no padded fees, and no unnecessary charges from the hospital or the records company. But if there’s money to be made, someone will try to make it, and over the past decade a whole cottage industry has developed around the “business” of trying to cheat patients trying to get their medical records. Sometimes health care providers outsource this ‘business’ to third-party companies, and sometimes the hospitals and health systems play the con game themselves. . . .

Why Isn’t The Judge Listening?

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Experts: Keep It Comparative, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/n3hovpy

The expert has prepared thoroughly for her testimony before the judge. She knows each opinion and every foundation. The outline that counsel developed is all but memorized. But then, as she is about an hour into describing the detailed methods and conclusions, the judge’s eyes are drifting down to the table and the nods of understanding have stopped: He isn’t getting it. In itself, there is nothing in the testimony that is impossible to understand – on the contrary, it is organized and clear. But the judge seems to have disengaged. Instead of tracking with the testimony at each step, he is just hearing detail after detail and letting it wash over him.  And if there were a jury in the room, the problem would be even worse.

What went wrong?  . . . .

How Not To Do E-Discovery.

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Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to Preserve and Produce Email – Part One, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/l8ujksu

If e-discovery is part of your life, you need to read this blog. Ralph Losey is not the only expert showcased here, but he is definitely one of the best. E-discovery is an area of law that is constantly evolving. If you do not work in it frequently, it is easy to get lost. Blogs such as these will help. -CCE

A recent case in Seattle provides a text-book example of how not to do e-discovery. It concludes with a sanctions order against the defendant, and the defendant’s law firm, Payne & Fears LLP. The law firm was fined $10,000, payable to the court, due to the conduct of two of its attorneys. The defendant, Corinthian Colleges, was fined another $25,000. Knickerbocker v Corinthian Colleges, Case No. C12-1142JLR, (WDWA, April 7, 2014). . . .

Tech Tips for Document Review, Production, and Trial.

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5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/kv3jy3f

Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE

On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .

Private Prison Corporation Sixth Largest U.S. Prison System.

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Backroom Deals in Arizona Enrich Private Prison at Taxpayer Expense, by Olivia Sandbothe, AFSCME

http://tinyurl.com/lksp7ym

A private prison corporation already rakes in $45 million in taxpayer dollars each year in the state of Arizona, with a contract that virtually guarantees the company fat profits no matter how it actually performs.  But that wasn’t enough for the GEO Group, as a recent flap in the Statehouse reveals.

The GEO Group operates 59 private prisons across the United States, making it the nation’s sixth-largest prison system.  Last year the group turned $115 million in profits and paid its CEO nearly $5 million. But they didn’t get there through healthy competition or better business practices. . . .

Clear Legal Writing.

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Clear Writing Through Purposeful Sentences, by Stephen D. Feldman, Ellis & Winters, LLP

http://www.elliswinters.com/updates/feldman_clear_writing_14

Clear writing makes winning more likely.  Why?

Consider our courts’ workloads.  A federal district court judge, on average, annually handles over five hundred filings.[1]

The federal appellate courts annually receive more than 50,000 appeals.[2]  State courts experience the same pressures.[3]

These docket pressures, however, do not diminish the role of briefs.  If anything, it is enhanced.  Judges—even when they hear oral arguments—regularly make their rulings based on the briefs.[4]  A winning brief, then, must convey to the reader the key points for victory—and do so in one reading. . . .

Author’s Guild Sues Google Inc. For Copyright Infringement.

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Authors Guild Asks US Court To Rule Against Google, by Larry Neumeister, Associated Press (Associated Press Writer Michael Liedtke in San Francisco contributed to this report) (with hat tip to Howard J. Bashman at How Appealing Blog!)

 http://tinyurl.com/ya7n7wx

Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project.

The Guild filed papers with the 2nd U.S. Circuit Court of Appeals in Manhattan, saying that Google’s effort to create the world’s largest digital library was violating the rights of authors and stifling competition in the busy Internet book sales market. . . .

The Library of Congress’ Virtual Reference Shelf.

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Virtual Reference Shelf, Library of Congress

http://www.loc.gov/rr/askalib/virtualref.html#abbreviations

Do you for some kind of inexplicable reason want to look up The Guide to Government Abbreviations? It’s here. In fact, the Virtual Reference Shelf has in-depth information on Abbreviations, Art, Business, Calculators, Children & Parents (e.g., The U.S. Government Guide for Kids), Dictionaries & Thesauri, Directories, Education, Encyclopedias, English Language and Literature, Full-Text Books & Periodicals, Genealogy, General Reference Resources, Grant Resources, Health/Medical, U.S. History – and more. Check it out. It is more than you probably expect. -CCE

The Mashable Hit List.

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The Heartbleed Hit List: The Passwords You Need to Change Right Now, The Mashable Team

http://mashable.com/2014/04/09/heartbleed-bug-websites-affected/

If you wondered whether any main specific websites are affected, such as Yahoo, this list will help you.  It will also help explain the Heartbleed bug,  and why you should pay attention to what it is. If you want to know whether your specific bank was compromised, this list may not answer all your questions. So, if you’re not sure whether you should change your password, go ahead and do it.

Even better, find a password manager in this list of the best of the best from PC Magazine by Neil J. Rubenking — http://www.pcmag.com/article2/0,2817,2407168,00.asp. If you use one password for more than one website — and lots of people do — this is a good solution and a wise move regardless of the Heartbleed bug. -CCE

 

Smelling Pot From A Moving Car With Closed Windows.

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Smelling Pot From A Moving Car With Closed Windows, By CrimProf BlogEditor, CrimProf Blog

http://tinyurl.com/qxt6xyu

FourthAmendment.com links to this piece at the Washington Post, discussing the ease with which police can stop cars that they suspect might be carrying drugs. Among the most interesting aspects is the discussion of cases in which cops in moving cars with closed windows claim to smell pot in other moving cars with closed windows. . . .

Korean Samsung Workers Dying of Leukemia and Other Rare Cancers.

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Samsung’s War at Home, by Cam Simpson, Technology, Bloomberg’s Week

http://tinyurl.com/nltoss3

Just inside his single-story home, built of concrete blocks and coated in turquoise paint, Hwang Sang-ki, a 58-year-old Korean taxi driver, sits on a floor mat. He’s clasping a small handbag, once bright white and now dull after years on a shelf. He pulls out a snapshot of 13 smiling young women, all co-workers at Samsung Electronics (005930:KS), off-duty and posing in three rows, each embracing or leaning into the other. The leaves of a tree behind them are turning golden in the autumn chill.

‘Here,’ says Hwang, pointing to two women in the center of the group. Both had the same job at the same semiconductor factory, on the same line, standing side by side at the same workstation, dipping computer chips into the same vat of chemicals. Both got a particularly aggressive form of the blood cancer known as acute myeloid leukemia. One was his daughter, Yu-mi. In South Korea, only about 3 out of every 100,000 people die of leukemia. ‘They worked together, and they died,’ says Hwang. The snapshot is among a few private memories Hwang keeps of his late daughter.

The story of the two women, and dozens of Samsung workers with leukemia and other rare cancers, is now a very public one in South Korea. In February and March, Koreans could see two movies depicting the seven-year battle led by the Hwangs and other families against Korea’s biggest and most influential corporation. . . .

What Are The Implications of DC Circuit Upholding Citation Against Seaworld?

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DC Circuit Upholds OSHA Citation Against Seaworld: What Does This Mean For The Circus, Football . . . Healthcare Providers?, by Meagan Newman and Kerry Mohan, Seyfarth Shaw’s Environmental and Safety Law Update

http://tinyurl.com/lcsckk3

‘When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the risk to participants is too high?’ This is the question posed by Judge Kavanaugh in his dissent to the Court’s opinion in SeaWorld of Florida, LLC (‘SeaWorld’) v. Thomas Perez, (No. 12-1375), issued this morning.  . . .

Civil Appeals.

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Civil Appeals in Oklahoma, by Lori Spencer, The Haubrich Law Firm, P.C.

Continue reading

Using Animation At Trial.

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Animate: Give Your Jurors Three Dimensions, or More, by Dr. Ken Broda-Bahm, The Persasive Litigator

http://tinyurl.com/m75du78

[I]In trial, we know that demonstrative exhibits are often seen as playing a secondary role: second to evidence and second to the verbal explanation. The higher-end animations, however, are often an even more distant second (or third, or fourth) to exhibits that can be created more simply or more cheaply. Understanding that not all, or even most, cases will be able to afford or to merit the higher-end demonstrative animations, it is still worth it to pay attention to the state of the art and to think about how this technology can be brought to bear when it matters most. The good news is that creating sophisticated graphics is easier and cheaper than it has ever been before. Laptops now surpass what the best production workstations could have created in earlier times. A skilled computer animator can take an idea from design to execution in less time and expense than you might think. . . .

More on Heartbleed.

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Heartbleed Security Flaw Got You Worried? Good., by Lee Rosen, Divorce Discourse

http://www.divorcediscourse.com/heartblead-security-flaw-worried-good/

If I haven’t gotten your attention yet, more on Heartbleed. -CCE

The Heartbleed Bug – What Is It And What To Do About It.

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Heartbleed: The Complete Rundown, by PCMag Staff http://tinyurl.com/muscrx5 The Heartbeat Bug was THE news this week.  Knowing that it is here, and cannot be avoided is one thing.  Knowing about to do about it is critical. Change your passwords, especially to to online banking, e-mail, apps, and other things we’ve taken for granted. -CCE

The Heartbleed bug is the big news in tech this week, an exploit that has been in the wild since 2012 and has left countless Internet users open to scammers. PCMag and the SecurityWatch team have been keeping tabs on all the news, so check out our coverage below, and check back for updates. . . .

Tech Tool Advice from Jim Calloway.

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What Tech Tool Should I Use to Do That?, by Jim Calloway, Jim Calloway’s Legal Tips Blog

http://www.lawpracticetipsblog.com/2014/03/what-tech-tool.html

How do I do that? It is one of the challenges we all live with in today’s times. We need to do something with our technology, and we are aware that there are technology tools to do it. We just aren’t sure which of the many available tools is appropriate and how much training, installation and setup will be required to make it happen.

So, in my February Oklahoma Bar Journal column, I decided to cover a few of these tools in What Tech Tool Should I Use to Do That? In particular, I wanted to note the changes in Google and tools that help with the need for stronger passwords. I hope this works as a sort of basic training for the lawyer who uses technology– or anyone. . . .

Appellate Judges Give Advice On Winning An Appeal.

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Appellate Judges Tell Dallas Lawyers How to Handle an Appeal, By Chad M. Ruback, Appellate Lawyer

http://tinyurl.com/ousooh9

The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as a Dallas state trial court judge, she was appointed to sit on the Fifth Circuit Court of Appeals.  Debra Lehrmann is the only Texas Supreme Court justice from Fort Worth.  Along with Chief Justice Nathan Hecht, she is one of only two Texas Supreme Court justices who began judicial service in North Texas.  After a distinguished career in a large Dallas law firm, Elizabeth Lang-Miers serves as a justice on the Fifth District Court of Appeals, which reviews the cases from Texas state trial courts in Dallas County and five other counties.

The three panelists offered a number of helpful tips for lawyers practicing before appellate courts. . . .

Guide to Canadian Legal Research

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Best Guide to Canadian Legal Research, by Catherine Best, Canadian Legal Research Blog

http://legalresearch.org/blog/

This is a great resource for those interested in legal research of Canadian law. Other than the blog, it has sections for Research Essentials, Electronic Research, Statutory Research, and Research & Writing.  -CCE

Legal Research Tutorials.

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Legal Research and Writing Tutorials, Georgetown Law Library

http://www.law.georgetown.edu/library/research/tutorials/lrw.cfm

This link will lead you to these tutorials. -CCE

  • Administrative Law Research Tutorial
  • Bloomberg Law Tutorials
  • Case Law Research Tutorial
  • Legislative History Research Tutorial
  • Secondary Sources Tutorial
  • Statutory Research Tutorial

The Court’s Plan for Hurricane Sandy Litigation.

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Public Meeting Leads to Plan Speeding Hurricane Sandy Litigation, United States Courts Blog

http://tinyurl.com/obrkuue

Nearly a year and a half after Super Storm Sandy, New Jersey is seeing another wave. This time, it’s a surge in federal cases involving flood insurance carriers.

‘These cases are hitting our docket very hard,’ said Chief Judge Jerome B. Simandle, New Jersey District Court. ‘We have over 600 Hurricane Sandy cases now and we expect the final number could be as many as 2,000.’

With such a large and growing number of cases, Simandle took the lead. He called a public meeting to hear from homeowners, attorneys and other interested groups. On March 20th, the district’s Board of Judges adopted a plan for management of the Super Storm Sandy litigation, contained in a Standing Order and a 15-page Hurricane Sandy Case Management Order No. 1, which are available on the court’s website. . . .

Latest U.S. Supreme Court Opinion Rejects Campaign Spending Limits.

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Supreme Court’s Rejection Of U.S. Campaign Funding Limits Opens Door For Big-Money Donors, by Lawrence Hurley, Reuters with additional reporting by David Morgan, Gabriel Debenedetti, Andy Sullivan and Jeff Mason; Editing by David Lindsey, Howard Goller and Dan Grebler

http://tinyurl.com/qhhqf9e

The U.S. Supreme Court on Wednesday struck down a key pillar of federal campaign finance law by allowing donors to give money to as many political candidates, parties and committees as they wish.

In the latest in a series of decisions by the high court that have given big-money donors more influence in U.S. elections, the justices rejected the overall limits on how much individuals can donate during a federal two-year election cycle. . . .

And

Big Sky, Big Money, FRONTLINE in collaboration with PBS Election Marketplace (video) (related to Citizens United v. Federal Election Commission)

http://tinyurl.com/laou3aq

You will find additional links related to the post above by ProPublica and FRONTLINE on the same page. -CCE

Duty to Arbitrate Survives End of Employment Contracts.

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Sixth Circuit Holds That Duty To Arbitrate Survives Expiration Of Employment Contract, Requires Individual Arbitration, by Gregory V. Mersol, Baker & Hostetler

http://tinyurl.com/q7yg9s5

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and when employers may rely on such agreements.

The latest of these is the case of Huffman v. The Hilltop Companies, LLC, Case No. 13-3938 (6th Cir. Mar. 27, 2014), which concerned the question of whether the duty to arbitrate and limits to class arbitration extend beyond termination.  In one respect, the decision was obvious, but in another, it represents the growing, if at time reluctant, acceptance by courts of the enforceability of arbitration agreements. . . .

Manhattan Court Reporter Kept Writing “I Hate My Job.”

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Rogue Alcoholic Court Reporter Kept Writing ‘I Hate My Job’, by Rebecca Rosenberg, Reuven Fenton and Bruce Golding with additional reporting by Steven Hirsch and Laurel Babcock, New York Post

http://tinyurl.com/q3m3b9z

An alcoholic Manhattan court stenographer went rogue, channeling his inner ‘Shining’ during a high-profile criminal trial and repeatedly typing,’ hate my job, I hate my job’ instead of the trial dialogue, sources told The Post.

The bizarre antics by Daniel Kochanski, who has since been fired, wreaked havoc on some 30 Manhattan court cases, sources said, and now officials are scrambling to repair the damage.

One high-level source said his ‘gibberish’ typing may have jeopardized hard-won convictions by giving criminals the chance to claim crucial evidence is missing.

Kochanski’s botched transcripts include the 2010 mortgage-fraud trial of Aaron Hand, who was also convicted of trying to hire a hit man to take out a witness against him.

A source familiar with the case said Kochanski’s transcripts of that trial were a total mess.

‘It should have been questions and answers — instead it was gibberish,’ the source said. . . . .

OSHA’s Interim Final Rule for Whistleblowers.

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OSHA Issues Its Interim Final Rule On Whistleblowers Procedures Under Dodd-Frank’s Consumer Financial Protection Act, by Seyfarth Shaw LLP, Environmental & Safety Law Update

http://tinyurl.com/kn23fwt

You may have to go to the post to access its internal hyperlinks. -CCE

OSHA yesterday announced its interim final rule for “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014).  These rules are in effect immediately, but could be revised by OSHA after the comment period.

James Curtis, Ada Dolph, and Craig Simonsen have prepared a Workplace Whistleblower Perspective that reviews and provides analysis of the new interim final rule. Check it out here.

The interim final rule is effective on April 3, 2014, with comments submitted to Docket No. OSHA–2011–0540 due by June 2, 2014.