What is the Difference Between Class Action Lawsuits and Mass Torts?
LegalReader
FEBRUARY 3, 2021
The truth is mass torts and class action lawsuits actually have quite a bit in common.
Sat.Jan 30, 2021 - Fri.Feb 05, 2021
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Learned Treatises & Motions for Summary Judgment
EvidenceProf Blog
FEBRUARY 5, 2021
Federal Rule of Evidence 803(18) provides an exception to the rule against hearsay for A statement contained in a treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied.
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Comprehensive Tour of Eviction Process in California
LDA PRO
FEBRUARY 4, 2021
For successful eviction of a tenant in the state of California, the landlord-tenant law requires a termination of the tenancy, by the landlord. Landlords must have a clear understanding of the California eviction laws , prior to serving an Eviction Notice. Landlords must know the formal legal eviction steps to prevent costly mistakes, that cause unnecessary delays.
France court finds government liable for climate change inaction
JURIST
FEBRUARY 3, 2021
The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets. This judgment is a result of an application to the Administrative Court of Paris from four non-governmental organizations (NGOs), namely Oxfam France, Notre Affaire à tous, Fondation pour la Nature et l’Homme and Greenpeace France, in May 2019.
Trial Prep: What Attorneys Really Want (And How to Deliver It)
Speaker: Joe Stephens, J.D., Attorney and Law Professor
Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.
Will You Lose Your COVID-19 Relief Funds?
Diane Drain
FEBRUARY 1, 2021
Will you lose your COVID-19 stimulus money if you file for bankruptcy protection? Simple answer is no. Read below. “Recovery rebates” (“stimulus monies”) received as a result of either the CARES Act or CAA are NOT PROPERTY OF THE BANKRUPTCY ESTATE. Which, in simple English, means the person receiving the funds does not have to give the funds to the bankruptcy trustee.
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Game On! Motivate Your Team with Data
NCBA Law Practice Management Blog
FEBRUARY 2, 2021
Lord know s we can all use some extra motivation these days. Law firms still tend to make most decisions about practice management on an ad hoc basis: W hat does your gut tell you to do? But, those attorneys who employ data-driven decisionmaking can gain a tremendous competitive advantage. But, data isn’t just useful for decisionmaking. If you keep track of the right data, and generate the right reports, you can use those to motivate your team.
New Mexico state senator introduces sweeping police reform bill
JURIST
FEBRUARY 2, 2021
New Mexico state senator Linda Lopez introduced leglsiation Monday that includes sweeping police reform. According to Mapping Police Violence , New Mexico had the highest rate of police killings per one million people between January 2013 and December 2019. Senate Bill 227 would impose stricter restrictions on when officers can use deadly force: A law enforcement officer shall not use deadly physical force upon another person unless it is used as a last resort, after the officer has exhausted de
SkyRise Miami: Patented
Patently O
JANUARY 31, 2021
Jeff Berkowitz is a Miami real estate developer, lawyer, and now inventor. Berkowitz, along with architect Bernardo Fort Brescia and civil engineer Ronald Klemencic were recently awarded a design patent on their design for SkyRise Miami. D908917 (“The ornamental design for a building as shown and described.”). The building is apparently now under construction, although at a somewhat delayed pace.
Texas Tech University School of Law Seeks Visitors to Teach Constitutional Law, Evidence, and Criminal Procedure
EvidenceProf Blog
FEBRUARY 3, 2021
Texas Tech University School of Law, Lubbock, Texas Texas Tech University School of Law invites applications from exceptional individuals to fill a visiting faculty position for the 2021-22 academic year (Requisition 22902BR/Visiting Professor). It is anticipated that the law school.
Less Stress, More Success: Accounting Best Practices & Processes for 2025
Speaker: Amanda Adams, Fractional CFO, CPA
Are you ready to elevate your accounting processes for 2025? 🚀 Join us for an exclusive webinar led by Amanda Adams, a seasoned fractional CFO and CPA passionate about transforming back-office operations for finance teams. This session will cover critical best practices and process improvements tailored specifically for accounting professionals.
Divided court allows indoor worship services to resume in California
SCOTUSBlog
FEBRUARY 5, 2021
More than eight months after the Supreme Court declined to intervene in a California church’s challenge to the state’s stay-at-home orders issued as a result of the COVID-19 crisis, the justices late Friday night gave the go-ahead for California churches to resume indoor worship services. The post Divided court allows indoor worship services to resume in California appeared first on SCOTUSblog.
The Philippines opposes new China coastguard laws in South China Sea
JURIST
JANUARY 30, 2021
The Philippines filed a diplomatic protest over a new Chinese law that authorises its coast guard to fire on foreign vessels and destroy other countries’ structures on islands China claims. The law was passed last Friday by China’s top legislative body, the National People’s Congress standing committee. Article 1 of the bill explains that the law is needed to safeguard China’s sovereignty, security and maritime rights.
Federal Circuit: Low-level Security Measures are Abstract Ideas
Patently O
FEBRUARY 5, 2021
In re Mohapatra ( Fed. Cir. 2021 ). The security code on your credit card seems pretty weak. Basically, it is a 3-4 digit number on opposite side of the card. Mr. Sarada Mohapatra’s innovation was to create a more dynamic security code using an internet-based account management approach. The Examiner rejected the claims as obvious, indefinite, and failing to claim patent eligible subject matter.
United States District Court for the Middle District of Tennessee Finds Pre-Existing Documents Used in Settlement Negotiations Not Covered by Rule 408
EvidenceProf Blog
FEBRUARY 2, 2021
Federal Rule of Evidence 408(a)(1) reads as follows: (a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to.
Paralegal Power Move: Your Guide to Getting the Tech Tools That Maximize Your Time
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Your time is valuable—and you know the right technology could help you do even more. From document management to client communication, modern tools can transform how you track deadlines, manage cases, and support your legal team. This practical playbook shows you how to: Compare and evaluate technology vendors Understand all costs and ROI potential Build a compelling presentation Handle common objections Pitch your solution like a pro Created by legal technology experts who understand how pivota
Five Stars is Not Enough.
Diane Drain
FEBRUARY 3, 2021
“ Five Stars is Not Enough. ” T.D. It would be difficult to fully describe how effective and talented Diane is. She took my exceptionally (some would say ridiculously) complex case and made sense of it. I’d had a very negative experience with my former counsel and from Day One the difference of working with her and Jay was like night and day. There’s a reason she is so well regarded and respected in the field and you couldn’t make a better selection for your representation.
Myanmar military junta blocks Facebook and Twitter, cracks down on dissent
JURIST
FEBRUARY 5, 2021
Myanmar’s Ministry of Transport and Communication (MoTC) on Wednesday directed telecom companies to temporarily block access to popular social media service Facebook in the country in order to ensure “stability” and prevent misunderstanding amongst the citizens from the “spreading [of] fake news and misinformation” after the junta’s coup d’état earlier this week.
Pair Up with a Reliable Cleaning Company for Success: Guidelines by John Spach
LegalReader
FEBRUARY 4, 2021
Keeping clean premises results in creating a positive impression for the people entering your premises. Pairing up with such companies can help create a healthier work environment.
Court Find Former Testimony Was Admissible in Civil Rights Action Against Police Officers
EvidenceProf Blog
JANUARY 31, 2021
Federal Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for Testimony that: (A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and.
Case Study: Maximize Client Compensation by Unlocking the Power of Diminished Value
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Your auto accident clients don’t realize that they have lost value in their vehicle because the insurance company covered their repairs and gave them a rental to drive until their vehicle was “brand new.” When they realize that loss in value is when they go to trade or sell their car.
Is Pre-bankruptcy Planning Good Advice at the Time, but Bad Faith Later?”
Diane Drain
FEBRUARY 2, 2021
Every client deserves competent advice in order to plan their lives, but they also need to be able to avoid unforeseen results. Helping a client protect important assets before filing bankruptcy has always been seen as appropriate “pre-bankruptcy planning. To quote Ret. Bankruptcy Judge Sarah Curley “it is malpractice not to provide competent pre-bankruptcy counsel” A good friend of mine, Larry Karandreas , said “are we at a time that good advice = bad faith?
Uighur women sexually abused and tortured in Xinjiang ‘re-education’ camps: report
JURIST
FEBRUARY 5, 2021
Uighur women detained in Chinese “re-education” camps in Xinjiang have been systematically raped, abused and tortured, according to a detailed report by the BBC Wednesday. The report told the stories of women who were held, tortured and abused in the Xinjiang “re-education” camps. One of the women who was held for nine months in Xinjiang, Tursunay Ziawudun, described the conditions of the camps and said that women were removed from their cells every night and raped by Chi
Federal Circuit: Anticipation not Inherent to Obviousness Argument
Patently O
FEBRUARY 1, 2021
by Dennis Crouch. M&K Holdings, Inc. v. Samsung Electronics Co., LTD. ( Fed. Cir. 2021 ). M&K’s U.S. Patent No. 9,113,163 covers a “method of decoding moving picture.” There is some history between Samsung and M&K’s family of companies, whose patents also originate in Korea. This appeal stems from an IPR final written decision finding the challenged claims invalid.
Supreme Court of North Carolina Reverses Convictions Based on Trial Judge Flatly Prohibiting Questions About Implicit Bias to Prospective Jurors
EvidenceProf Blog
JANUARY 30, 2021
An implicit bias is “‘an association or preference that is not consciously generated and is experienced without awareness.’" Michele Benedetto Neitz, Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process, 49 SETON HALL L. REV.
Deposition Prep Like a Pro: Insights from a Paralegal's Playbook
Speaker: Kaitlyn "The Persnickety Paralegal" Story
Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. In this session, participants will explore how effective deposition preparation not only contributes to the success of the legal team but also helps maintain a balanced workflow, minimizing last-minute crises.
Diane and Jay were able to ease our fears.
Diane Drain
FEBRUARY 1, 2021
“Diane and Jay were able to ease our fears. ” J.L. Diane and Jay were the absolute best. Going through the bankruptcy process can be quite worrisome. Diane and Jay were able to ease our fears and made the process as smooth as possible. J.L. The post Diane and Jay were able to ease our fears. appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.
UN maritime tribunal rules no UK sovereignty over Chagos Islands
JURIST
JANUARY 30, 2021
The International Tribunal for the Law of the Sea ruled Thursday that the United Kingdom did not hold sovereignty over the Chagos Islands, allowing the dispute between Mauritius and Maldives in regards to the delimitation of their boundaries to proceed. The ruling follows a preliminary objection from Maldives, who claimed that the tribunal did not have jurisdiction to decide the boundaries between itself and Mauritius.
“RIP Judge Peter T. Fay”
HowAppealing
FEBRUARY 1, 2021
“RIP Judge Peter T. Fay”: David Oscar Markus has this post at “The SDFLA Blog.
The 8 Most Important Tech Skills for Paralegals
LawTechnologyToday
FEBRUARY 2, 2021
Paralegals are vital for the success of any law firm. In fact, they’re often the backbone of the organization. A skilled paralegal will have a thorough understanding of the law, and will be responsible for managing settlements, handling court filings, doing legal research, and assisting lawyers with various other important tasks. However, to do their job effectively, they must have a robust set of skills related to technology—in addition to their understanding of the law.
Pricing for Profit: How to Set, Negotiate, and Succeed
Speaker: Igli Laci, Strategic Finance Leader
In today’s competitive market, pricing is more than just a number — it’s the cornerstone of profitability. The right pricing strategy ensures that you capture the true value of your offering, paving the way for sustainable growth and long-term success. Join Igli Laci, Strategic Finance Leader, in this exclusive session where he will explore how a well-crafted pricing approach balances customer perception with business objectives, creating a powerful tool for securing both competitive advantage a
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