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


Insurance

Adversaries can multiply if insurers sue

Jul. 18, 2014
By Kirk A. Pasich

When an insurers sue to confirm that they owes no coverage, insureds can find themselves litigating on two fronts. ...


Civil Litigation, Intellectual Property, Entertainment & Sports

Over the last couple of weeks, almost every headline about the recent Scarlett Johansson defamation lawsuit has proclaimed tha...


Civil Litigation, California Supreme Court

What Duran really said about statistical samples

Jul. 18, 2014
By Steven S. Kimball

On a close reading, the decision turns out to be not especially path-breaking, neither really curbing nor expanding the use of...


International Law

Cambodia and California's awful traffic

Jul. 18, 2014
By Julie L. Kessler

The pervasiveness of human trafficking in Cambodia is fightening, but the problem also plagues our own backyard. ...


Labor/Employment

The question of allowing an employee to telecommute becomes substantially more complex if the employee is an individual with a...


U.S. Supreme Court, Constitutional Law

What's in a buffer zone? It matters

Jul. 16, 2014
By Erwin Chemerinsky

The U.S. Supreme Court's recent decision in McCullen v. Coakley necessitates new legislation across the country to safeguard t...


U.S. Supreme Court, Labor/Employment

Presumption of prudence is imprudent

Jul. 16, 2014
By Michelle L. Roberts

Fables are not just for children. In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court decided that ERISA fiduciarie...


Law Practice

Shine light on issues that linger in shadows

Jul. 15, 2014
By David A. Lash, Daniel Grunfeld

Long before the national media shines its spotlight on a growing injustice, legal aid lawyers likely have already spent years ...


Environmental & Energy

Water issues reframe state fracking debate

Jul. 15, 2014
By Kathryn L. Oehlschlager

The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply.


Labor/Employment, California Supreme Court

The recent decision in Ayala v. Antelope Valley Newspapers Inc. aside, plaintiffs in independent contractor misclassification ...


Alternative Dispute Resolution

The thin line that all mediators walk

Jul. 12, 2014
By Robert S. Mann

Mediators walk a razor-thin line on searching for "the truth" in a dispute; Most are more interested in identifying areas wher...


Civil Litigation

Decisions emphasize courts' 'gatekeeper' obligations

Jul. 12, 2014
By Cynthia H. Cwik, Kelly V. O'Donnell

A recent decision provides authority to request that district courts affirm the reliability of an expert's opinion before admi...


Labor/Employment, California Supreme Court

Dim future for coerced union dues

Jul. 12, 2014
By James Burnham, Michael A. Carvin, William D. Coglianese

A state Supreme Court decision cast doubt onto the constitutionality of public employees being compelled to pay dues to the un...


Intellectual Property

As the numbers of petitions for USPTO trials filed have increased, little attention has been focused on a related and equally ...


International Law, Health Care & Hospital Law

Mired as we Americans are now in the never-ending Affordable Care Act debate, it is often difficult to stay focused on the wor...


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

Clear skies for state fuel standard

Jul. 10, 2014
By Richard M. Frank

California environmental regulators breathed a sigh of relief last month, when the U.S. Supreme Court declined to review Calif...


U.S. Supreme Court, Constitutional Law

The majority opinion fails to square itself with Supreme Court precedent.


Constitutional Law

Shades of Gray: to err in jury selection

Jul. 9, 2014
By Brian M. Hoffstadt

Not all errors at trial require a retrial. The state Supreme Court is in the midst of deciding which do and which do not when ...


Letters, Labor/Employment, California Supreme Court

Gentry was humanely, deliberately put to bed

Jul. 8, 2014
By Eric B. Kingsley

I take issue with several points made by Steven Katz in his recent column on the state Supreme Court's recent decision in Iska...


Administrative/Regulatory

Throwing stones at Google's Glass house

Jul. 8, 2014
By Hsiao C. Mao, Sheila Pham

What makes Glass truly powerful is not just its technological specifications, but what it allows Google to potentially do in t...


U.S. Supreme Court, Constitutional Law

Supreme Court chose to bunt this term

Jul. 8, 2014
By Glenn C. Smith

The high court's term completed earlier last week appears noteworthy for how the justices mostly decided big cases in cautious...


Judges and Judiciary

A storm of ideas

Jul. 8, 2014
By Arthur Gilbert

Lawyers must be highly tuned to the world about them. Success depends on recognizing and confronting the unpleasant vicissitud...


Labor/Employment

The decision highlights a trend among the Roberts court where there is frequently unanimity without consensus. By Scott J. Wit...


Labor/Employment, California Supreme Court

On June 30, the state Supreme Court issued the third in a recent string of employment class action decisions that will have a ...


Transportation

9th Circuit reins in the misclassification of truck drivers

Jul. 3, 2014
By Joshua H. Haffner, Drew Ferrandini

A recent 9th Circuit decision provides trucking companies further cause to worry as they battle claims for misclassifying driv...


Labor/Employment, Government

Lessons for California's minimum wage proposal

Jul. 2, 2014
By Timothy J. O'Connell

Los Angeles officials considering raising the minimum wage to $15.37 an hour for workers in large hotels should heed lessons l...


Judges and Judiciary

Do daughters affect judges' rulings?

Jul. 2, 2014
By Michael P. Linfield

The results of a recent study were clear: "Judges with daughters consistently vote in a more feminist fashion on gender issues...


Civil Litigation, Judges and Judiciary

Small claims court: an underused tool

MCLE
Jun. 30, 2014
By Robert Steven Harrison

The object of this article and self-study test is to provide an introduction to small claims court.


U.S. Supreme Court, Labor/Employment, California Supreme Court

Iskanian: Arbitration's got a brand new bag

Jul. 1, 2014
By Steven B. Katz

It took a great deal of prompting from the nation's high court to make California fall in line.


Alternative Dispute Resolution

Top 10 blunders to avoid in mediation

Jun. 28, 2014
By Robert S. Mann

Here's a semi-satirical Top Ten list of the absolute best ways to destroy any chance of settling a case at mediation. ...