Torts/Personal Injury, Health Care & Hospital Law
The myth of frivolous medical malpractice cases
The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.
Data Privacy
It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...
U.S. Supreme Court
Is SCOTUS still “supreme?”
Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...
Letters
Judicial elections are actually a good idea
Law Practice, Government, Appellate Practice
The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...
Military Law
Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...
Real Estate/Development, Bankruptcy
With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...
Law Practice, Appellate Practice
California courts sanction attorney misconduct
In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...
Labor/Employment, Corporate
In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...
U.S. Supreme Court
We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...
Torts/Personal Injury, California Courts of Appeal
The Court found there was no reason based on any special foreseeability concerns to depart from the usual duty to exercise rea...
Government
With less than 5% of the Office’s 500 attorneys devoted to affirmative litigation, the next City Attorney is poised to dramati...
Legal Education, Law Practice, Appellate Practice
Passim, and its abolition
When that rule change goes into effect, it will terminate the use of passim in the nation’s highest court. But there is someth...
Litigation & Arbitration
The most important question
Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...
Judges and Judiciary, Government
Trump appointed fifty-four federal appellate judges in his four years in office, one short of the fifty-five nominated by form...
Litigation & Arbitration
The parties bargained for arbitration, and, in turn, a different set of rules.
State Bar & Bar Associations
Towards a Tougher State Bar Audit
It seems the audit is more likely to lead to agency bloat than improved efficiency.
Real Estate/Development, Land Use, Government
Someday your price will come? Really?
The government got its project. In the process, private property was taken. After a trial, that property was valued, and the g...
Litigation & Arbitration, Environmental & Energy
Just last year, the Fifth District Court of Appeal issued a decision in Antelope Valley Groundwater Cases v. Los Angeles Count...
Law Practice, Labor/Employment, Appellate Practice
Going forward, courts will likely consider new circumstances, and given the exponential increase in volume of remote work, new...
Law Practice, Appellate Practice
Poking holes in CDA Section 230 immunity
Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...
Torts/Personal Injury
In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.
Law Practice, Judges and Judiciary, Appellate Practice
Appellate review of the failure to exercise discretion
When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...
Law Practice, Appellate Practice
The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...
Law Practice, Judges and Judiciary, Appellate Practice
Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...
Antitrust & Trade Reg.
To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...
Law Practice, Judges and Judiciary, Appellate Practice
Make sure your court reporter is really a court reporter
Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...
Tax, Real Estate/Development, Land Use, Civil Rights
City ordinances need to be carefully crafted so they do not single out religious institutions in name or application.
Law Practice, Labor/Employment, Appellate Practice
With so much employee mobility today, law firms need to create an environment where their best people don’t want to leave.
Government, Civil Rights
Malicious Prosecution Claims
Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...