When that rule change goes into effect, it will terminate the use of passim in the nation’s highest court. But there is someth...
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.
It seems the audit is more likely to lead to agency bloat than improved efficiency.
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...
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...
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.
Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...
The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...
Besides the embarrassment and humiliation involved in disclosing the family was hungry, the service member was required to get...
Government
He has refused to comply with subpoenas to testify and produce records regarding deputy gangs – even after courts have held th...
Litigation & Arbitration, Civil Litigation
Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...
U.S. Supreme Court
It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...
Civil Rights
In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...
U.S. Supreme Court, Litigation & Arbitration, Labor/Employment
Viking River cruises through oral argument
Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...
U.S. Supreme Court
Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...
The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...
Legal Education, Environmental & Energy
Before we undermine the integrity of our state’s environmental protection system, we should do a reality check on the UC Berke...
Alternative Dispute Resolution
Had Vince Lombardi coached mediators and not football players, his famous proverb might sound something like this: “Great comm...
Insurance, Civil Litigation, California Supreme Court
On March 10, the California Supreme Court announced that it has declined to weigh in — for now — on the biggest brewing insura...