Judicial fact-finding on the rise in class certification
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
Amended Du opinion not the 'win' insurers claim it to be
By Linda D. Kornfeld
The court left open the questions regarding an insurer's affirmative settlement duties and the application of the "genuine dis...
Some cases have a fundamental disconnect between what the result should be based on a rational analysis of facts and law, and ...
To promote literacy, I deliberately placed a grammatical error in last month's column. The response was overwhelming.
Issuing oral rather than written hold notices may border on "recklessness," according to an erudite opinion.
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...
An interesting thing happens when a true friends asks you that questions. ...
The Supreme Court has developed principles to aid in identifying what portions of a split opinion constitute binding precedent...
Earn MCLE credit reviewing the basic principles regarding issuing injunctions. ...
Government
What November means for California justice
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
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?
By Lawrence Waddington
The Supreme Court dispute is arguably not an affirmative action case, depending on an understanding of the substantive content...
The amended decision still can be read as suggesting those principles are, in fact, accurate statements of California law. Suc...
Government, Bankruptcy
Sprawl causes municipal bankruptcy, stork brings baby
By Gideon Kanner
Without government support and financing (think Fannie and Freddie) that made ownership of suburban homes a lucrative American...
Reports of Romney's "binders of women" are greatly exaggerated.
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
Opportunity in uncertainty surrounding redevelopment agency properties
By Brian Fish , Dennis S. Roy
Because former redevelopment agencies still collectively own thousands of properties, those assets seem like a particularly ta...
Real Estate/Development, Government, Administrative/Regulatory
Developers seeking new sources of finance after redevelopment agencies vanish
By Jon Goetz
One mechanism receiving more scrutiny today is California's Density Bonus Law.
Labor/Employment
Mediating wage and hour class actions in the post-Brinker world
By Joel M. Grossman
Mediating meal period claims may be different post-Brinker, as class counsel emphasize different claims, but the same s...
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
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
By Amy L. Bomse , Gabriel N. White
Issues of professional responsibility and ethics may rise to the forefront when opposing parties find themselves communicating...
Though there are exceptions, recent decisions continue the long-standing trend of favoring brokers. ...
Constitutional Law, Administrative/Regulatory
FCC rethinks indecency
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...
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...
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
Take my proposal — please! A new way of thinking about mediator's proposals
By Robert S. Mann
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...
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...
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
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. ...