Insurance, Alternative Dispute Resolution
Mediations involving insurers: Some hints to resolve cases and satisfy all of the litigating parties
By David H. Oken
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
Anonymous charitable giving and the Mark Ridley-Thomas verdict
By Bruce A. Wessel
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
Allocations in mass torts: a client-centered approach
By Gail A. Andler
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
Federal Arbitration Act’s vacatur provisions apply in vacating international arbitration awards
By Giorgio Sassine
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!
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
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.
U.S. Supreme Court
Highly anticipated False Claims Act case likely to result in narrow Supreme Court ruling without blockbuster effect
By Tom Coulter, Jay Dewald
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)
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?
By Douglas E. Mirell
Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...
While the ideologies and politics of each state vary between conservative, liberal and independent, they all understand the po...
Civil Procedure
Evasive witnesses in international locations beware, Twitter subpoenas are on the way
By Anita Taff-Rice
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...
Government
Mark Ridley-Thomas’ fall from grace, while sad, reaffirms our system of justice
By A. Marco Turk
The interesting phenomenon here is that the verdict failed to cause scorn. Instead the tributes to Ridley-Thomas flowed freely...
Judges and Judiciary
In re Commission on Judicial Performance: Alleging two counts of decisional delay by the CJP
By Jon B. Eisenberg
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
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 lesson of the Girardi fiasco is that the State Bar should stop prejudicial enforcement
By Antonio R. Sarabia II
The State Bar has corrected the unfair treatment of lawyers, but failed to protect the public from worse treatment by lawyers,...
Wills, Estates & Trusts
A Succession of what? The legal significance of the "piece of paper" in estates
By John Scheerer
This article discusses the legal significance of the "rather worrying piece of paper" uncovered in the latest episode of the h...
Entertainment & Sports
The Hollywood lawyer: John Kerr’s journey to justice
By Michael Kerr
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
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
The previously moot Comstock Act has been resurrected, giving new life to the anti-abortion movement
By John H. Minan
Although the Comstock Act has been amended numerous times since 1893, the anti-abortion prohibition language has remained the ...
Environmental & Energy
From illegal battery disposal to groundwater contamination, DA’s protect and serve the environment
By Karen L. Wold
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
When is a “genuine issue” a defense against insurance bad faith?
By George Knopfler
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
Code of Civil Procedure Sec. 998 cost-shifting applies to settlement agreements
By Ogochukwu Victor Onwaeze
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?
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
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
A high bar for the high court: ethics and the judiciary
By Wendy L. Patrick
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
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy
By Myron Moskovitz
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
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
Legislature should reform section 170.6 to stop abuses by DAs and public defenders
By David DeGroot
Alameda District Attorney Pamela Price’s action is an attempt to deflect criticism of an ill-considered plea agreement. Bubbli...
Tax
Good news, you found something valuable. Bad News, IRS will tax it
By Robert W. Wood
You might be surprised at how many academic and not so academic debates there are between tax professors, accountants and tax ...