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Law Practice, Appellate Practice

Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifical...


Letters

The Supreme Court should grant review of Kirk v. Ratner

May 11, 2022
By Leonard S. Steiner


Tax, Real Estate/Development

Biden Proposes Numerous Tax Increases

May 11, 2022
By Robert W. Wood

One of the President’s proposals is to tax long term capital gains and qualified dividends as ordinary income if your taxable ...


Tax

Tax problems for Johnny Depp & Amber Heard?

May 10, 2022
By Robert W. Wood

A recent story suggested that Elon Musk may have paid a portion of Amber Heard’s pledged ACLU donations. That hearkens back to...


UC Hastings College of the Law is seeking to change its name on account of media stories starting in 2017 alleging “genocide” ...


U.S. Supreme Court, Ethics/Professional Responsibility

Is SCOTUS still “supreme?”

May 10, 2022
By A. Marco Turk

Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...



Unlike arbitrators who may issue interim, partial and final awards over the course of an arbitration, emergency arbitrators ar...


Law Practice, Family, Appellate Practice

Community property: a brief history

May 9, 2022
By Scott J. Nord

In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...


Government, Constitutional Law

“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito


Law Practice, Appellate Practice

It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...


Letters


Torts/Personal Injury, Labor/Employment, Civil Litigation

When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...


Law Practice, Appellate Practice

Ignorance isn’t bliss, but it will relate back

May 6, 2022
By Stephen M. Rinka

The Appellate Court stated that the “[t]est is whether, at the time the complaint was filed, the plaintiff “was ignorant of th...


Law Practice, Appellate Practice

Confidentiality is no longer a permissible term in the settlement of cases arising out of sexual harassment. Yet, in many inst...


Law Practice, Government, Appellate Practice

The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...


Entertainment & Sports

Stream it Tonight! Witness for the Prosecution (1957)

May 6, 2022
By Michael Asimow, Paul Bergman

Once more, we’re reminded that on cross examination you shouldn’t ask questions if you don’t know the answers.


Military Law

Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...


There are a few exceptions, but in general, you should assume that money sent to a lawyer or law firm will trigger a Form 1099.


Real Estate/Development, Bankruptcy

With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...


Law Practice, Appellate Practice

A closer perspective on juvenile dependency

May 4, 2022
By Michael C. Kelley

It can be a very rewarding long term vocation – or a first step in a diversified and gratifying career. It is also worth notin...


Torts/Personal Injury, Health Care & Hospital Law, Civil Litigation

AB 35: Too little, too late

May 4, 2022
By Allen P. Wilkinson

AB 35 appears to be an attempt to mollify plaintiffs’ attorneys and victims’ advocates by giving them one small piece of the pie.


Law Practice, Ethics/Professional Responsibility, Appellate Practice

California courts sanction attorney misconduct

May 4, 2022
By Jeffrey P. Blum

In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...


Real Estate/Development, Land Use, Contracts

Job order contracting and public works projects

May 4, 2022
By Garret D. Murai

JOC contracting is a project delivery method used on public works projects and has been authorized to be used by California K-...


Law Practice, Appellate Practice

Happy 50th Anniversary, CAAL

May 3, 2022
By Benjamin G. Shatz

Concurrent with the 1971 State Bar Convention, the group hosted a cocktail party and was able to corral a number of sitting ju...


Labor/Employment, Corporate

California Board of Directors Diversity Law violates equal protection

May 3, 2022
By Leigh A. White, Ryan P. Snyder

In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...


Judges and Judiciary

It is believed that one veteran judge was defeated because she listed herself on the ballot as an “incumbent” and voters may n...


Letters


Law Practice, Criminal

School Refusal Is Not Truancy

May 3, 2022
By Mary-Kate Kelledy, Adam Wasserman

Although multiple calls were made to the district to ask for help, nothing was done. Days, weeks, and months eventually passed...


U.S. Supreme Court, Torts/Personal Injury

The Cassirer case will be remanded to the lower court, which will decide the heirs’ claims based on the property laws of Calif...