For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...
Labor/Employment
Navigating the COVID-19 presumption for workers’ compensation claims
By Dwayne McKenzie, Kevin Hannifan
Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...
Civil Litigation
We should suspend jury trials for unlawful detainer cases
By James P. McBride
Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...
Law Practice, Alternative Dispute Resolution
Thinking outside the mask: law and the pandemic
By Robert S. Mann
Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...
Law Practice
Why attorneys are giving back during the COVID-19 pandemic
By Yvette Lopez-Cooper
In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Church attendance ruling not likely to have much influence
By Charles S. Doskow
The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...
Health Care & Hospital Law, Alternative Dispute Resolution
Effective health care arbitration: A collaborative approach
By Viggo Boserup
One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...
Civil Litigation
To help civil courts recover, some personal injury cases should not have jury trials
By Thomas A. Scutti
Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
Climate change lawsuits belong in state court
By Myanna Dellinger
On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...
Tax, Criminal
Ruling confirms plea agreements are worth the paper they’re printed on
By Evan J. Davis
Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...
Civil Litigation, California Courts of Appeal, Appellate Practice
Evidence: An eternal struggle?
By Gary A. Watt, Nicole Kim
The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...
I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
All together in one place: time to open the churches
By William J. Becker Jr., Jeremiah Graham
This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...
This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the...
Law Practice, Judges and Judiciary
COVID-cautious courts misinterpret governor’s order
By Kenneth J. Freed
It goes without saying that COVID-19 has disrupted all facets of daily life. As any practicing attorney knows, the effect on t...
Law Practice, Alternative Dispute Resolution
More settlement, mediation could be COVID-19’s legal silver lining
By Leonid M. Zilberman
The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certai...
As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the...
Contracts
Is the force majeure clause about to go viral during the pandemic?
By Elizabeth Martyn
Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pand...
Banking
COVID-19 exceptions in credit agreements (Part II of II)
By Sandra Lee Montgomery, Bharat Moudgil
This article discusses additional considerations related to COVID-19’s impact on credit agreements.
U.S. Supreme Court, Intellectual Property
Ruling could be used to validate successive trademark suits over time
By Sharoni S. Finkelstein
Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s asse...
Family
Assessing risk of Family Code Section 271 sanctions
By Vivian Carrasco Hosp, Lance S. Spiegel
The back log of family law cases in the superior court is severe, estimated at 32,000. Unfortunately, in many of these cases, ...
Entertainment & Sports, Antitrust & Trade Reg., 9th U.S. Circuit Court of Appeals
Ruling in NCAA case has the potential to remake the amateurism system
By Maurice M. Suh, Drew Tulumello
Last week, the 9th Circuit issued its decision in one of the biggest legal cases in the National Collegiate Athletic Associati...
U.S. Supreme Court, Environmental & Energy
CWA ruling provides limited clarity on when a permit is required
By Andre Monette
The Supreme Court's latest Clean Water Act decision does not provide a clear answer for when discharges through groundwater re...
Letters, Judges and Judiciary
Footnoting all cites isn’t optimal, but neither is the status quo
By Mitchell Keiter
As someone who has written law review articles and drafted opinions for the California Supreme Court, I appreciated Justice Mi...
Tax, Labor/Employment
SBA finally sheds light on unanswered PPP questions
By Phil Jelsma
With the COVID-19 shutdowns resulting in millions of job layoffs, small business owners scrambled to apply for Paycheck Protec...
Labor/Employment, California Courts of Appeal
Ruling broadens public policy in wrongful termination claims
By William M. Crosby
By confirming a property interest in employment and fraud as a basis of a public policy claim (albeit in the context of Penal ...
Legal fictions are problematic because we’re in the truth-finding business. These fictions are dangerous for judges, because ...
Law Practice, Books
Courtroom warrior: The combative career of William Travers Jerome
By Robert H. Bunzel
This is the fourth installment for the Daily Journal (following reviews of Louis Nizer’s The Jury Returns, John Kaplan’s and J...
Law Practice
Inside Stanley Mosk Courthouse during the COVID-19 pandemic
By Lucy Vartanian
As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week ...
Law Practice, Ethics/Professional Responsibility
Use the ‘architecture of time’ during this pandemic as an opportunity for growth and change
By Marshall S. Zolla
As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...