This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Health Care & Hospital Law

Broad immunity for nursing homes is short-sighted

Jun. 11, 2020
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

Jun. 11, 2020
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

Jun. 11, 2020
By Michael D. Marcus

A recent ruling provides an introductory law school review of what is hearsay and what is not.


A double dip is frequently associated with an adjustment made by the business valuer for the owning spouse's salary.



State Sen. Susan Rubio has a venerable history of authoring legislation addressing the issue of domestic violence. However, un...


Insurance

Virus, disease exclusions in insurance policies may be unenforceable

Jun. 11, 2020
By Shaun H. Crosner, Nicolas A. Pappas

In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVI...



A torrent of recent decisions has pointed to state courts as the venue in which states, cities and other local jurisdictions c...


The president has considerable latitude to use the military for lawful domestic purposes, but forcefully clearing the square o...



U.S. Supreme Court, Government, Constitutional Law

The US Supreme Court’s giant Puerto Rico miss

Jun. 10, 2020
By Glenn E. Roper

In a decision issued June 1, the U.S. Supreme Court missed an opportunity to address an important question: Does the abuse of ...


The commonly used methods of valuation are categorized into three primary approaches. The three approaches are the asset, inco...



Law Practice, Civil Litigation

For the times, they are a-changin’... or are they?

Jun. 10, 2020
By Gregory L. Bentley

To address this crisis, our court system is leaning-in. Through the valiant efforts of the Judicial Council, bench and bar le...


Torts/Personal Injury, Law Practice

Gym and fitness facilities often unprepared to respond to health emergencies

Jun. 10, 2020
By Bruce A. Broillet, Alan Van Gelder

Various health issues can arise at a gym/fitness facility which require action by employees of the facility. Such issues can i...



Law Practice, Civil Litigation

Coronavirus’ effect on juror attitudes

Jun. 10, 2020
By Gary A. Dordick

Once the courts figure out how to best get jurors back into the courthouse and into the jury box the question will be, how wil...


Law Practice, Civil Rights

Closed offices and courtrooms have created a major disruption with our ability to effectively represent our clients. Plaintiff...



Whether representing a plaintiff or defendant, it is never too soon to prepare your case for trial. Be the captain of your shi...


Law Practice

Now is the time for attorneys to begin or supplement their education on the types of electronic information and the methods by...



Law Practice, Alternative Dispute Resolution

Resilience: What is it and how can I develop it?

Jun. 10, 2020
By Jamie A. Jacobs-May

As we face the Covid-19 pandemic, most of us have experienced anything from noticeable distress to life-threatening harm and t...


This three-part series will discuss key factors inherent in business valuation reports. The focus will be on mechanical issues...



Judges and Judiciary, Family

Court closures and consensual dispute resolution

Jun. 9, 2020
By Franklin R. Garfield

The supervising judge of the Family Law Departments of the Los Angeles County Superior Court has recently announced a back log...


Judges and Judiciary

A jury trial amidst pandemic and protest

Jun. 9, 2020
By Garen Horst

On June 1, the Historic Courthouse in Auburn re-opened for business after being closed for two and one-half months due to the ...



Securities, Government, Corporate

SEC Amendments to financial disclosures save money at the expense of investors

Jun. 9, 2020
By Timothy R. Bowers, Lauren M. Bittle

On May 21, the SEC published its final rule regarding Amendments to Financial Disclosures about Acquired and Disposed Business...


Labor/Employment

While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...



Civil Rights

1877 + 1918 + 1929 + 1968 = 2020

Jun. 9, 2020
By Eva J. Paterson

Many of my white friends have called to express their disgust at what they are seeing and to see how I am doing. Often the con...


Labor/Employment

COVID-19 remote workforce: document collections (part 2)

Jun. 8, 2020
By Jason H. Tokoro, Ryan Mackey

The COVID-19 pandemic and resulting stay-at-home orders swept through the United States in a matter of days, and resulted in e...



Government, Civil Litigation, California Courts of Appeal

A recent opinion should serve as a warning to cities and counties that development agreements are meant to provide protection ...


Labor/Employment, Civil Litigation, California Courts of Appeal

Appellate ruling addresses legality of unlimited vacation policies

Jun. 8, 2020
By Roland M. Juarez, Katherine P. Sandberg

In the first published appellate court decision on the issue, the California Court of Appeal laid out a path for enforceable u...



Environmental & Energy, 9th U.S. Circuit Court of Appeals

The 9th U.S. Circuit Court of Appeals recently handed California local governments a major victory in what is likely the most ...


Although it certainly should not be the primary consideration, minimizing risk from potential lawsuits needs to be an importan...



Law Practice, Civil Litigation

Federal court: Expert’s testimony doomed by misuse of data

Jun. 8, 2020
By Jonathan S. Tam, Mary H. Kim

A recent decision from the U.S. District Court for the Northern District of California serves as a helpful reminder of the imp...


Probate

A powers of appointment statute in need of repeal

Jun. 5, 2020
By Jeffrey A. Dennis-Strathmeyer

A recent Court of Appeal decision demonstrates once again that an unusual statute prohibiting judicial reformations of power o...