Probate, Family
Reformation of unambiguous wills in light of Estate of Duke
By Mark J. Phillips
In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in...
Labor/Employment
Ride sharing companies’ chance of overturning AB 5 just dropped substantially
By Ronald L. Zambrano
On June 9, the California Public Utilities Commission issued an order designating all gig drivers classified as independent co...
U.S. Supreme Court, Constitutional Law
2nd Amendment: the Supreme Court’s constitutional orphan
By William Slomanson
Heller is almost a teenager. It’s time for the Supreme Court to change the status of the Second Amendment-from legal orphan, t...
Government, Constitutional Law
Executive order turns the 1st Amendment on its head
By Anita Taff-Rice
Now the Trump administration has repurposed the First Amendment. Even those of us who are many years away from being bleary ey...
U.S. Supreme Court, Entertainment & Sports
Complex battle rages over sports wagering in California
By Dennis M.P. Ehling
A battle raging over the prospect of sports betting in California is set to play out this Thursday in the California Senate.
Real Estate/Development
Tenants, landlords face a patchwork of COVID-19-related laws
By Jon E. Goetz, Russell E. Morse
Commercial and residential tenants and landlords seeking to address the financial impact of COVID-19 shelter-in-place orders a...
Tax, Real Estate/Development
IRS notice provides COVID-19 relief for opportunity zone investors
By Phil Jelsma
Offering significant relief from the repercussions of the coronavirus pandemic, the Internal Revenue Service recently released...
U.S. Supreme Court, Criminal, Constitutional Law
The Supreme Court and qualified immunity
By Erwin Chemerinsky
On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immun...
U.S. Supreme Court, Criminal, Constitutional Law
Federal appellate court speaks out on qualified immunity
By Jeremy K. Robinson
Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessiv...
Though he never went to law school, Joe Tussman co-authored one of the foundational pieces underlying the Supreme Court’s expa...
Tax
This year taxes are not due until July 15, but should you extend?
By Robert W. Wood
Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has ...
Health Care & Hospital Law
Bill would bring drugs that treat serious conditions to market faster
By Georgia C. Ravitz, David M. Hoffmeister
Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act t...
“Protecting the powerless”? The most esteemed and well-paid lawyers of their times tirelessly petitioned legislatures and judg...
Easing the restrictions of the Coronavirus Aid, Relief, and Economic Security Act’s Payment Protection Program program, on Jun...
Tax
Should you change your accounting method? An emerging cannabis loophole
By Andrew Gradman, Abraham Finberg
Even the best tax planning tends to be complex and unpredictable. Recently, however, planners have become interested in a simp...
Real Estate/Development, Insurance
Ruling says insurer can’t use exclusion in cannabis-related fire case
By Benjamin D. Tievsky
Recognizing the issue as a matter of first impression, the Court of Appeal construed the statutory language as limiting covera...
Contracts, Constitutional Law
Understanding the contract clause of the US Constitution
By Gary S. Ganchrow
There would seem to exist a wide chasm between the constitutional protections afforded by the contract clause to protect again...
Government, Environmental & Energy, Civil Litigation
California leads multistate coalition lawsuit against Trump administration's effort to weaken fuel efficiency standards
By Melissa Malstrom, Davina Pujari
California Attorney General Xavier Becerra is leading a multistate coalition in filing suit against the EPA, Department of Tr...
Law Practice, Judges and Judiciary
Civil court closures will have lasting impact
By Gerald L. Sauer
COVID-19 has turned the world as we know it upside-down, but it has done quite a number on the civil court system. In its rush...
Asian-American Heritage Month, May, has ended, and just as well. The government proposals made as the celebrations were conclu...
Each juror brings a unique perspective and experience to the process, but together they create new energy. When jurors aren’t ...
Alternative Dispute Resolution
The COVID-19 pandemic’s impact on civility in mediations
By Joan B. Kessler, Tori Hirsch
Usually, crisis and stress are catalysts for incivility, yet it seems that people are trying harder to be “nice” now in virtua...
Government, Constitutional Law
President Trump and the Rule of Law
By Joseph R. Grodin
It’s a funny thing about the Rule of Law: It’s not a rule, and it’s not a law. It is, rather, a set of principles, a body of n...
Ironically, in a vote cast by email to ensure their own safety in the midst of the COVID-19 pandemic, the California Judicial ...
We lawyers are accustomed to incremental change based on reasoned consideration of precedent. Legal precedent is designed to c...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Demurrer can dispose of legal malpractice claims based on the statute of limitations tolling provision
By Jason E. Fellner, Kevin Cardona
The 6th District Court of Appeal recently issued a landmark decision upholding the trial court’s sustaining of a demurrer, wit...
U.S. Supreme Court, Criminal, Civil Rights
Facts are stubborn things
By Robert L. Bastian Jr.
In reviewing uses of force, what law departments now consider as facts relevant to determining whether force is reasonable sig...
Health Care & Hospital Law
Broad immunity for nursing homes is short-sighted
By Christa H. Ramey
In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United...
Government, Criminal
Good cop, bad cop and the US attorney general
By Howard Gillingham
Attorney General William Barr does not know a good cop from a bad one. United States District Judge Emmitt Sullivan may soon t...
Civil Litigation
The hearsay rule and a re-introduction to Evidence I
By Michael D. Marcus
A recent ruling provides an introductory law school review of what is hearsay and what is not.