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Insurance, Alternative Dispute Resolution

It is easy to look past the human impact of litigation when you deal with hundreds of claims on a daily basis – making it impo...


Government

In post-trial motions and on appeal, there will likely be arguments that the funneling of funds through USC is not a “thing of...


Class Action, Alternative Dispute Resolution

When a global settlement of a case involving multiple plaintiffs results in an undifferentiated pot of money, lawyers should c...


International Law, Alternative Dispute Resolution

The New York Convention serves as the backbone of international arbitration, as there is currently no international treaty req...


Torts/Personal Injury, Civil Litigation

Res Ipsa Loquitur: How presumptuous!

MCLE
Apr. 21, 2023
By Reza Torkzadeh, Allen P. Wilkinson

Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...


Government, Environmental & Energy

IRA short on rules when it comes to shaping climate policy

Apr. 21, 2023
By Daniel Carpenter-Gold

The question for the massive new federal climate bills isn’t how much money there is, but how we use it.


The practical impact of a ruling reversing the Seventh Circuit will not likely result in a sea change in the False Claims Act ...


Entertainment & Sports

Stream it Tonight! The Wrong Man (1956)

Apr. 21, 2023
By Paul Bergman, Michael Asimow

Eyewitness identification experts use the term “weapon-focus” to denote the phenomenon that witnesses tend to pay more attenti...


Torts/Personal Injury, Civil Litigation

Did Dominion dominate Fox?

Apr. 20, 2023
By Douglas E. Mirell

Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...


Torts/Personal Injury, Entertainment & Sports

NIL on the Hill

Apr. 20, 2023
By Frank N. Darras

While the ideologies and politics of each state vary between conservative, liberal and independent, they all understand the po...


Twitter subpoenas may be on the way, but it is unclear how a person serving a subpoena could be sure it was received, or wheth...


The interesting phenomenon here is that the verdict failed to cause scorn. Instead the tributes to Ridley-Thomas flowed freely...


It’s not as if the CJP needs more time to determine the facts. The CJP’s investigative staff completed their work well before ...


Torts/Personal Injury

Fox News’ $787.5 million settlement signals a new world of defamation and news delivery

Apr. 19, 2023
By Joseph W. Cotchett Jr., Paul N. "Pete" McCloskey

Clearly Fox must have felt the jury would not believe the good faith of the reporting based on many internal documents and sta...


State Bar & Bar Associations

The State Bar has corrected the unfair treatment of lawyers, but failed to protect the public from worse treatment by lawyers,...


Wills, Estates & Trusts

This article discusses the legal significance of the "rather worrying piece of paper" uncovered in the latest episode of the h...


Entertainment & Sports

Despite their intense courtroom battle, John Kerr and Browne Greene developed a deep mutual respect and admiration for each ot...


U.S. Supreme Court

The major question doctrine: a positive view

Apr. 19, 2023
By Roderick E. Walston

The doctrine preserves Congress’ power while preventing courts from interpreting a statute in a particular way based on a thin...


Health Care & Hospital Law, Government, Administrative/Regulatory

Although the Comstock Act has been amended numerous times since 1893, the anti-abortion prohibition language has remained the ...


The law allows a county prosecutor to bring an action to enjoin a business from violating the laws of the state, so a single p...


Insurance, Contracts

The “genuine issue” or “genuine dispute” doctrine is a product of California case law. The doctrine has evolved and mutated ov...


A comparison of ChatGPT and Bard, and a discussion about the usefulness and limitations of each. By Paul Kiesel and Jeffrey Ko...


Civil Litigation, Alternative Dispute Resolution

It is hoped that there will be a petition for review and that the Supreme Court takes up the invitation to clarify this recent...


Torts/Personal Injury, Civil Litigation

Will Dominion dominate Fox?

Apr. 17, 2023
By Douglas E. Mirell

While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...


Real Estate/Development, Bankruptcy

Minimizing risk of a tenant bankruptcy in lease negotiations

Apr. 17, 2023
By Jennifer C. Johnson, Marie K. Gribble

From a time and money perspective, a letter of credit or guaranty is preferable to a security deposit if a tenant files bankru...


Judges and Judiciary, Ethics/Professional Responsibility

Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...


U.S. Supreme Court, Judges and Judiciary

This was the first case in which the Supreme Court adopted the “inevitable discovery” rule. Would they have done so if they we...


Labor/Employment

LA’s “Fair Work Week” means predictable schedules for retail employees

Apr. 17, 2023
By Wendy M. Lazerson, Katherine A. Roberts

The Ordinance covers employers identified as retail businesses in the North American Industry Classification System (NAICS) wi...


Judges and Judiciary, Ethics/Professional Responsibility

Alameda District Attorney Pamela Price’s action is an attempt to deflect criticism of an ill-considered plea agreement. Bubbli...


You might be surprised at how many academic and not so academic debates there are between tax professors, accountants and tax ...