Torts/Personal Injury, Entertainment & Sports, California Courts of Appeal
‘Baseball Rule’ goes foul in California
By Michael E. Rubinstein
Is the "Baseball Rule" a relic of the past in California? Arguably, yes, according to the 4th District Court of Appeal ruling ...
Labor/Employment, Alternative Dispute Resolution
10 tips for a successful employment law mediation
By Eli M. Kantor
Due to the enormous backlog in the trial courts because of COVID-19, more and more cases are being resolved through mediation....
Law Practice, Insurance
Consider obligations owed to both clients and insurers
By Shari L. Klevens, Alanna G. Clair
Lawyers may not always sufficiently appreciate their obligations to insurance companies and may assume that their only duties ...
Intellectual Property
Recognizing the value of nontraditional trademarks
By Dariush Adli
Astute businesses have begun to take notice of the the value of the nontraditional marks, to help them distinguish their goods...
U.S. Supreme Court, Environmental & Energy
High court WOTUS case will define reach of CWA
By Andre Monette
The U.S. Supreme Court recently granted certiorari in a case that could short circuit the Biden administration’s efforts to re...
Government, Constitutional Law
Critics argue Trump should be disqualified, but what’s the constitution say?
By John H. Minan
A growing chorus of critics argue that Trump should be disqualified from serving another term for his involvement in the Janua...
Corporate
Proposed regulations implementing the Corporate Transparency Act
By Roger Royse
Under the CTA, the secretary of the Treasury must prescribe implementation of regulations under the act by the beginning of 2022.
Thirty years after Anita Hill accused her boss of sexual harassment and 17 years after all California supervisors began having...
Military Law, Health Care & Hospital Law, Civil Litigation
Allegations of institutionalized racism at the VA
By Eileen C. Moore
I cannot say I was surprised when I read a complaint filed last July in Connecticut federal district court on behalf of Black ...
Government, Constitutional Law, Books
‘Unthinkable’: Raskin on trauma and truth in America
By Marc D. Alexander
The title of Raskin’s book refers to two traumas, one public, one private: the untimely death of his son and the January 6 att...
Labor/Employment, Civil Litigation, California Supreme Court
Ruling ends decades of improper whistleblower burden shifting
By Stephen Noel Ilg
In a recent decision, the California Supreme Court rejected a line of cases that required plaintiff-employees to satisfy the t...
Law Practice, Judges and Judiciary, Appellate Practice
Multiverse Cosplay
By Benjamin G. Shatz
For over half a century, we have been enthralled by adventures of characters crossing into other versions of the “real world” ...
Environmental & Energy, Criminal
Criminal courts must address restitution in mass victim crimes
By Antonio R. Sarabia II
Both class actions and large catastrophes have increased in recent years. Although global warming is linked to the increase in...
Judges and Judiciary
Law and motion practice during the pandemic years (to date)
By Richard L. Fruin
Each year I prepare a tabulation for the frequently filed motions that were decided in my individual calendar courtroom in the...
Demystifying conservatorships: More FAQs
By Matthew D. Kanin
The objective of this article and self-study test is to review the rules applicable to appointment of conservators and the pro...
Law Practice, Judges and Judiciary
It’s all in the mind, ask John Blumberg, Esq.
By Arthur Gilbert
Two score and a few more years ago, I was a student at the famed California Judges College. There was a unique class that made...
Technology, Entertainment & Sports, Civil Litigation
Obstacles in crypto class action against Mayweather, Kardashian
By Evan Louis Miller
A class action filed against reality TV icon Kim Kardashian and legendary boxer Floyd “Money” Mayweather Jr. may be the first ...
U.S. Supreme Court, Administrative/Regulatory
An opportunity to restore judicial review of constitutional claims against agencies
By Michael Pepson, Cynthia Crawford
On Monday, the U.S. Supreme Court granted certiorari in Axon Enterprise, Inc. v. Federal Trade Commission to decide whether fe...
Labor/Employment
Reason for improved outlook to mitigate PAGA claims in 2022
By Antwoin Wall, Corinne Spencer
The California Fair Pay and Employer Accountability Act, proposed for the November ballot, would rein in parts of the Private ...
In 1871, 10% of Los Angeles’ Chinese population were murdered by white rioters. Civic leaders blamed drifters and other low ra...
Former Gov. Sarah Palin’s libel suit against The New York Times slouches towards its fifth birthday and a tentative February 2...
Law Practice, Alternative Dispute Resolution
‘My Cousin Vinny’ in Arbitration? (Part III: the arbitration hearing)
By Fred Bennett
The cross-examination at trial by Vinny — which is the heart of the movie — provides some valuable information when studied in...
Torts/Personal Injury, Law Practice, Civil Litigation
Take the time to set forth specific damages in your prayer for relief
By Stephen M. Rinka
It is common practice for plaintiff’s attorneys to plead allegations for tort causes of action, such as negligence, in general...
Law Practice, Judges and Judiciary
Trial court judges suffer from mental illness, too
By Timothy L. Fall
Being a trial court judge with an anxiety disorder requires coping skills that don’t come naturally. When you add pandemic str...
Law Practice, Appellate Practice
Want a jury trial? Post your own jury fees, warns appellate ruling
By Ogochukwu Victor Onwaeze
Article 1, Section 16 of the California Constitution provides that, “[t]rial by jury is an inviolate right and shall be secure...
Law Practice, Appellate Practice
Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis
By David M. Axelrad
Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...
Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....
Law Practice
Top 5 things to remember for your next restraining order hearing
By Timothy M. Weiner
Every day, people throughout California request restraining orders for various reasons. Whether your next restraining order he...
Criminal
How far is too far in causing suspects to talk before charging?
By Dmitry Gorin, Alan Eisner
Law enforcement uses different techniques to cause suspects to make statements before formal charging. A recent appellate deci...
Labor/Employment
New law may change the employment settlement equation
By Angela Reddock-Wright
Senate Bill 331, the “Silenced No More Act,” has been added to the equation, and it could change the way parties consider sett...