Last year former Justice Penny White, former Judge Joe Riley and I started a seminar program call “Justice Programs.” We had seminars across the State last fall. The program had great attendance and great reviews. Penny, Joe and I are doing a similar program this year, but we have lengthened…
Articles Posted in Miscellaneous
Effective Appellate Advocacy
Here is a great article written by Robert Gilbreath in Certworthy, a publication of the DRI Appellate Advocacy Committee. I found it with the help of Evan at his Illinois Trial Practice blog. The article summarizes points about appellate advocacy made by Karl Llewellyn in a 1960 law review article.…
New Personal Jurisdiction Decision
The Tennessee Court of Appeals has issued a new opinion finding that Tennessee has in personam over a Georgia bank sued by a Tennessee business. Progeny Marketing v. Farmers and Merchants Bank arises out of a claim by the plaintiff that it was not paid for certain work it did…
Finger in Chili
Everyone has heard about the allegations of Anna Alaya: she says she found a finger in the chili she bought at Wendy’s. Wendy’s says that ain’t so. Indeed, someone has persuaded the Sana Jose police to search the woman’s home in search of – I guess – evidence that the…
You Won’t Believe This!
Senator John Cornyn (R-TX) made a speech recently wherein he wondered about a possible connection between violence in courtrooms and activist judges. You really have to wonder about the intellect (or, at least, the intellectual honesty) of a person who would make such remarks. The suggestion that a criminal court…
IRAs Protected in Bankruptcy
Are you thinking you got the wrong blog? Bankruptcy law? What does John Day know about bankruptcy law? The answer is “absolutely nothing.” Well, that is not quite true; I know enough about bankruptcy law to know when to call a bankruptcy lawyer. But this opinion caught my eye. In…
Just When You Thought It Couldn’t Get Worse …
I wrote yesterday about the bad day the lawyers at Kirkland & Ellis and the folks at Morgan Stanley were having. Well, it got worse. Matthew McCarrick, the blogger who has the excellent blog I cited yesterday, was kind enough to let me know of a recent development in the…
Sanctions in Electronic Discovery Disputes
Here is a recent law review article that summarizes the state of the law of sanctions in cases involving electronic discovery. The article, entitled “Electronic Discovery Sanctions in the Twenty-First Century,” is authored by a federal court judge and a law clerk.
You Think You Have Had a Bad Day?
The lawyers at Kirkland & Ellis, a major law firm with its home office in Chicago, had a real bad day recently after its client got hammered with sanctions. Financier Ron Perelman has sued Morgan Stanley for fraud, alleging that it helped appliance maker Sunbeam Corp. conceal accounting woes tht…
Electronic Discovery
Those of you who do any products liability, medical negligence, or commerical litigation know that e-discovery is a hot topic. More and more discoverable data never makes its way to a piece of paper, so a RFP seeking only paper documents will not get you what you hoped to get…