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Judicial fact-finding on the rise in class certification

Nov. 9, 2012
By Brian S. Kabateck , Sam S. Soleimany

Courts are now basically required to resolve any merits questions bearing on class certification, even if plaintiffs will have...


Civil Litigation, Insurance

The court left open the questions regarding an insurer's affirmative settlement duties and the application of the "genuine dis...



Alternative Dispute Resolution

Does crazy work?

Nov. 6, 2012
By Robert S. Mann

Some cases have a fundamental disconnect between what the result should be based on a rational analysis of facts and law, and ...


Law Practice

Saint Gilbert publicly confesses

Nov. 5, 2012
By Arthur Gilbert

To promote literacy, I deliberately placed a grammatical error in last month's column. The response was overwhelming.



Civil Rights

Issuing oral rather than written hold notices may border on "recklessness," according to an erudite opinion.


Government

I was a lifelong Republican until the passage of the so-called Patriot Act - which I see as a direct frontal attack upon our c...



Law Practice

What really matters?

Oct. 31, 2012
By Timothy A. Tosta

An interesting thing happens when a true friends asks you that questions. ...


U.S. Supreme Court

When is A majority THE majority?

Oct. 31, 2012
By Brian M. Hoffstadt

The Supreme Court has developed principles to aid in identifying what portions of a split opinion constitute binding precedent...



Civil Litigation, Judges and Judiciary

Injunctions primer

Oct. 30, 2012
By James C. Chalfant

Earn MCLE credit reviewing the basic principles regarding issuing injunctions. ...


Government

What November means for California justice

Oct. 30, 2012
By Brian S. Kabateck , Scott M. Malzahn

This election, at the state and federal levels, could have big consequences affecting access to justice.



Alternative Dispute Resolution

'Bracketing' a misunderstood art in mediation

Oct. 27, 2012
By Michael D. Marcus

No aspect of mediation is more misunderstood than the use of brackets (less commonly known as "ranges") in negotiating settlem...


U.S. Supreme Court, Civil Litigation

Fisher not really an affirmative action case?

Oct. 27, 2012
By Lawrence Waddington

The Supreme Court dispute is arguably not an affirmative action case, depending on an understanding of the substantive content...



Insurance

The amended decision still can be read as suggesting those principles are, in fact, accurate statements of California law. Suc...


Government, Bankruptcy

Without government support and financing (think Fannie and Freddie) that made ownership of suburban homes a lucrative American...



Letters, Government

Prowling for gaffes

Oct. 25, 2012
By Frank Pray

Reports of Romney's "binders of women" are greatly exaggerated.


Labor/Employment, Government

Binders full of platitudes

Oct. 23, 2012
By Eric B. Kingsley

During last week's presidential debate, one of the more memorable exchanges surrounded the first bill that President Barack Ob...



Real Estate/Development, Government, Administrative/Regulatory

Because former redevelopment agencies still collectively own thousands of properties, those assets seem like a particularly ta...


Real Estate/Development, Government, Administrative/Regulatory

One mechanism receiving more scrutiny today is California's Density Bonus Law.



Labor/Employment

Mediating meal period claims may be different post-Brinker, as class counsel emphasize different claims, but the same s...


U.S. Supreme Court, Constitutional Law

Forgotten issue in Fisher

Oct. 18, 2012
By Erwin Chemerinsky

The only defendants named in the suit are the University of Texas, a state university, and its officers who are sued in their ...



Health Care & Hospital Law, Government, Civil Rights, Administrative/Regulatory

Measure B to increase cost of doing business

Oct. 17, 2012
By Chauntelle Anne Tibbals

The initiative will drive an estimated 10,000 jobs out of the area, which will ultimately fracture a highly stigmatized commun...


Ethics/Professional Responsibility

Beyond CVs: ensuring your next expert doesn’t get you disqualified

Oct. 16, 2012
By Amy L. Bomse , Gabriel N. White

Issues of professional responsibility and ethics may rise to the forefront when opposing parties find themselves communicating...



Insurance

Though there are exceptions, recent decisions continue the long-standing trend of favoring brokers. ...


Constitutional Law, Administrative/Regulatory

FCC rethinks indecency

Oct. 16, 2012
By John F. Stephens

The FCC is taking a closer look at its indecency enforcement policy in an effort to ensure "the agency carries out Congress' d...



Tax, Corporate

Sales and use tax were confusing enough even in the old days. Now that we all buy online, the confusion is more palpable and e...


Civil Rights

Domestic violence affects both sexes

Oct. 13, 2012
By Marc E. Angelucci

More than one in three women and more than one in four men have experienced rape, physical violence and/or stalking by an inti...



Alternative Dispute Resolution

I am starting to conclude that a mediator's proposal isn't really an evaluation of the case, it's only an evaluation of the s...


Government

Social Security has always been a "pay as you go" system, and even if there were a lock box, it would only be filled with gove...



Family

Gov. Brown recently vetoed a bill that would have allowed courts to recognize more than two legal parents. ...


Labor/Employment

Legislative round-up: employment law

Oct. 10, 2012
By Ellen C. Cohen, Thomas N. Makris

Gov. Jerry Brown signed several bills of interest to California employers passed during the 2011-2012 regular session. ...