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Torts/Personal Injury, Entertainment & Sports, California Courts of Appeal

‘Baseball Rule’ goes foul in California

Feb. 4, 2022
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

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

Feb. 4, 2022
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

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

Feb. 3, 2022
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

A growing chorus of critics argue that Trump should be disqualified from serving another term for his involvement in the Janua...


Under the CTA, the secretary of the Treasury must prescribe implementation of regulations under the act by the beginning of 2022.


Labor/Employment

Nudging towards a harassment-free workplace

Feb. 2, 2022
By Leonid M. Zilberman

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

Feb. 2, 2022
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

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

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

MCLE
Feb. 1, 2022
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

Both class actions and large catastrophes have increased in recent years. Although global warming is linked to the increase in...


Judges and Judiciary

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

MCLE
Jan. 31, 2022
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.

Jan. 31, 2022
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

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

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

Jan. 28, 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 ...


Law Practice

Massacre in Los Angeles’ Old Chinatown

Jan. 28, 2022
By John S. Caragozian

In 1871, 10% of Los Angeles’ Chinese population were murdered by white rioters. Civic leaders blamed drifters and other low ra...


Constitutional Law

Is the First Amendment going rogue?

Jan. 27, 2022
By Kaiyi A. Xie

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

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

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

Jan. 26, 2022
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

Jan. 26, 2022
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

Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...


Constitutional Law

Constitutional takings by animals?

Jan. 25, 2022
By Michael M. Berger

Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....


Law Practice

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?

Jan. 25, 2022
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

Jan. 24, 2022
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...