If a pyrrhic victory connotes a victory that is tantamount to defeat, negating any true achievement, then surely one could cha...
Letters
U.S. Supreme Court, Labor/Employment, Civil Litigation, California Courts of Appeal
California’s Private Attorneys General Act survives Viking River
By Catherine L. Fisk, Christina N. Chung
The majority held that the FAA preempts a California Supreme Court rule prohibiting employers from mandating arbitration of “i...
U.S. Supreme Court
Since the beginning of our system of government, SCOTUS justices, unlike judges below them, have managed to avoid playing by t...
Law Practice, Expert Advice
What are the important things to know when a creditor files a lawsuit?
By Lyle Solomon
Want to know what you can expect when you’re sued for your debt? Learn about lawsuit filing; your attorney’s and the debt coll...
Torts/Personal Injury, Civil Litigation, California Courts of Appeal
The Right to Repair Act – when and for whom does it apply?
By Garret D. Murai
As to whether the Right to Repair Act applies to manufacturers, the Court noted that, while the Right to Repair Act applies ge...
Labor/Employment
Wage statement audits could be well worth the price
By Sonya D. Goodwin
Wouldn’t it be better if companies could get things right before being sued by their employees? It’s certainly possible. An au...
Lawyers receive and send more Forms 1099 than most people, in part because of tax laws that single them out.
Law Practice, Appellate Practice
Wonder Twin Powers, Activate! Form of Citation!
By Benjamin G. Shatz
My law school profs taught me that precedent is everything: judges study and reverently follow "the law," as stated or ...
Law Practice, Appellate Practice
Hearsay? Probably not, and the rule doesn’t apply to Congressional hearings
By Daniel Broderick
Even if a witness ultimately does testify to hearsay before the January 6 Committee, the Rules of Evidence do not apply to Con...
Not every tax matter is quirky or interesting, but you might be surprised how many are.
Insurance, after all, is a method for the economic transference of the risk of accidental losses and is a numbers business.
Entertainment & Sports
Stream it Tonight! To Kill a Mockingbird (1962)
By Paul Bergman, Michael Asimow
Construction, Civil Litigation
The Challenges In litigating construction defect cases
By Terry R. Bailey
Construction defects can cause long-term damage and compromise the safety of a home, costing thousands of dollars to repair an...
The electoral college is a mechanism for minority rule. If poll after poll is to be credited, the country as a whole did not w...
Law Practice, Covid Columns, Appellate Practice
How I learned to stop worrying and love the pandemic
By Sidney Kanazawa
At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.
Government, Ethics/Professional Responsibility, Civil Rights
Expanding speech rights of government employees
By Erwin Chemerinsky, Catherine L. Fisk
There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...
Intellectual Property, Contracts
Patent litigation reset
By Michelle E. Armond, Amy Han
Patent office issues new guidance on controversial IPR discretionary denials
Legal Education, Ethics/Professional Responsibility
John Fremont’s California crimes and misdemeanors
By John S. Caragozian
It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.
Ethics/Professional Responsibility, California Courts of Appeal
Court of Appeal warns: evasive discovery responses may come back to haunt you at summary judgment stage
By Hannah E. Berkman, Scott P. Dixler
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...
Labor/Employment, Criminal, Civil Litigation
Irresponsible servers could face legal consequences
By Miguel A. Custodio
What we don’t yet know is how the law and its requisite training will affect drunk drivers and those injured by them.
Law Practice, Alternative Dispute Resolution
The Heisenberg effect in mediations
By John H. Sugiyama
Being sensitive to the effect that the observer may have on the observed could help prompt seemingly deadlocked negotiations t...
There was a time when it seemed that the avalanche/tidal wave of new asbestos personal injury and death filings in state and f...
Letters
Whims of illegitimately comprised Supreme Court should not bind
By Richard Fitzer