Appellate Powerhouse Launches Punitive Damages Blog

200711271650.jpgNew to the blogroll is the California Punitive Damages blog, launched recently by appellate powerhouse Horvitz & Levy. I’m told by Curt Cutting, one of the regular contributors at the new blog (and, I’m pleased to say, a regular reader of The California Blog of Appeal), that besides covering appellate decisions on the topic, the blog will cover “proposed legislation, academic commentary, significant decisions from other jurisdictions, and anything else that relates to California punitive damages litigation.”

Congratulations to you and your fellow contributors on your launch, Curt!

ABA Journal Blawg 100 Voting

200711302231The ABA Journal’s December 2007 issue announces the “ABA Journal Blawg 100,” which it describes as “the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal.”

The list includes three of the blogs that made my top 10 list in this meme about two months ago: Law Blog, Legal Pad, and Wayne Schiess’s legal-writing blog.

California lawyer blogs on the list include Pamela Fasick’s California Civil Litigation Quote of the Week and Denise Howell’s Bag and Baggage.

I don’t mind telling you I’m jealous as . . . heck.

There may be other California lawyer blogs on the list, but I need help identifying them. If you know that any of the other blogs on the list are authored by practicing California lawyers, please tell me which ones they are by shooting me an e-mail or posting a comment.

This link takes you straight to the voting page. It’s a little confusing at first. The blogs are divided into 12 categories, and only one category shows at a time. At the voting page, look for the logo that accompanies this post, and to its immediate right you’ll find a box with the categories listed. You change categories by clicking on the category you want.

ABA Journal says “Voting ends Jan. 2.” I don’t know whether that means you can only vote through Jan. 1 or through Jan. 2. So vote early.

By the way, I’m going to keep this post at the top of the blog at least through the end of the day Monday, so until then, look for new posts below this one.

The Evidence Prof Blog Arrives


The Evidence Prof Blog is a new blog in the Law Professor Blogs Network. I only discovered them last Friday, though the blog has been up since October 2.

They recently posted regarding Rhoades v. Avon Products, Inc., case no. 05-56047 (9th Cir. Oct. 15, 2007), which applied Federal Rule of Evidence 408 in a trademark declaratory relief action. Issue: Whether a letter from counsel proposing settlement of a trademark dispute (and containing threats of litigation absent settlement) can be admitted to establish that a plaintiff seeking a declaratory judgment of non-infringement of the sender’s trademark has the requisite “real and reasonable apprehension that it would be subject to liability” if it continued to manufacture its product. Check ’em out.

By the way, I discovered Evidence Prof Blog by following one of the links in the feed in the right sidebar of this blog titled “Blogosphere Coverage of he Ninth Circuit.”  It pays to check some of those posts out once in a while.

A Light Posting Week

This week is likely to be light on posts, as I will be very busy on a couple of cases.  I am trying to get as many posts up this weekend as I can and set them for publication over the course of the week.  That means nothing especially current after Monday or Tuesday, probably.  Any case law I post about will probably be no newer than Oct. 12.  If I unexpectedly find time to post on something new, I’ll do it.

The Week in a Graph

Week GraphAs you get ready to enjoy your weekend, I thought I’d offer this picture of the last week of blog traffic. Believe it or not, there are some interesting things here.

The first thing I noticed was the near perfect symmetry in the weekday points. (The first two data points are Saturday and Sunday, the last five are Monday through Friday). Too bad it looks like a dunce cap.

Then I thought, wow, this really does describe some weeks. A slight uptick in productivity on Monday as we get back from the weekend, ramping up to its midweek peak, then declining again toward Friday. I’ve heard you should try never to buy a car made on a Monday or a Friday. This chart illustrates why.

OK. maybe not so interesting. However, to satisfy your curiosity about the reason for the midweek peak in traffic: I got linked by Overlawyered. Could I get a little more of that?

UPDATE (10/19/07):  My request for “a little more of that” was rhetorical, but Overlawyered nonetheless obliges!

Gold . . . Pure Gold

I post a lot about legal writing, usually with reference to briefs or judicial opinions.  But what about blogs?

If you saw my Simply the Best Law Blogs post, you know that Decision of the Day is among those I listed.  Yes, the analysis is good, the posts are extraordinarily timely, and the Ninth Circuit gets its fair share of coverage . . . but I also keep reading it because of writing like this (my emphasis):

This Ninth Circuit criminal appeal is a cautionary tale about why you should do background checks on employees before you hire them – especially the white collar ones. The defendant was hired as a computer technician. Shortly after the defendant started work, his employer learned that when the defendant had said that he had no criminal record, what he really meant was that he had three prior convictions.