Insurance
Proving liability in “slip and fall” cases
By Reza Torkzadeh, Allen P. Wilkinson
Only a few cases are brought to trial, and the average settlement for injuries due to a slip and fall on land owned or possess...
Certain persnickety readers, some posing as friends, love to point out spelling and punctuation mistakes (or is it errors?) I ...
Civil Litigation
Defense industry must protect 2011's Howell v. Hamilton Meats
By Robert F. Tyson Jr.
While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...
Don’t forget to prepare your client for mediation
By Peter S. Rukin
Volumes have been written about counsel’s preparation for mediation, but what are the elements of client preparation that best...
Stream it Tonight! I Am Sam (2001)
By Michael Asimow, Paul Bergman
The personalities of the two attorneys are at the core of this excellent film.
Letters
Unanimity at the California Supreme Court: it takes a village
By Jon B. Eisenberg
Law Practice, California Supreme Court, Appellate Practice
Treble damages among a handful of recent important decisions
By Alexis S. Coll, Ariel E. Rogers
In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...
Torts/Personal Injury, Civil Litigation
A pyrrhic victory for class action defendants
By Alexander M. Smith
By reducing the damages award on due process grounds, the court made clear – despite the plaintiff’s insistence to the contrar...
International Law
A glimpse into the Court of Justice of the European Community
By Julie L. Kessler
I would say that 10 years ago women lawyers rarely took time off. Today, women are really considered equal.
Health Care & Hospital Law
Prompt mental health intervention
By Alfonso Estrada, Alexa F. Galloway
On Aug. 15, Kaiser's non-physician, mental-health patient care employees based in Northern California, who are members of Nati...
Law Practice, California Courts of Appeal, Appellate Practice
Hypothetical scenarios don’t create standing
By Garret D. Murai
While splits of authority between Courts of Appeal are rare, splits of authority between divisions of the same Court of Appeal...
Health Care & Hospital Law, Environmental & Energy
Legionnaires’ disease requires comprehensive approach
By Erin Brockovich
Under Senate Bill 1144, California will be doubling down on failed policies that have done nothing to reduce Legionnaires’ Dis...
Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...
Law Practice, Appellate Practice
Limit the risks when working with contract attorneys
By Shari L. Klevens, Alanna G. Clair
Ambiguity regarding the nature of the relationship, the scope of the contract attorney’s work, and/or the applicable ethical o...
Letters
Recent COVID-related business interruption cases in conflict
By Robert S. Gerstein
Labor/Employment, Government
California Lawmakers Eyeing Greater Pay Transparency
By Anne Villanueva, Ryne Posey
If signed into law by Gov. Newsom, SB 1162 would expand the state’s pay data reporting and pay transparency requirements by re...
Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals
Dicta ain’t necessarily so
By Benjamin G. Shatz, Benjamin E. Strauss
In California, stare decisis extends only to the ratio decidendi of a decision, not to supplementary or explanatory comments i...
Predictably, the widespread use of AI has led to numerous complex legal issues.
Why is it so important to allow these people to pray on government property while on the government payroll? Is there a shorta...
Litigation & Arbitration, Labor/Employment, Contracts
Legislature may curtail arbitrability of contract claims
By Muhammed T. Hussain
It seems that Congress and various state legislatures are looking at curtailing this expansion of arbitrability, specifically ...
Extremism in the military and among veterans
By Eileen C. Moore
While extremist activity and white supremacy is banned, there are limits on the military’s ability to surveil the activities o...
Pay no tax when you sell your home
By Bruce Givner, Owen Kaye
There are several ways to reduce, defer or eliminate the tax on the sale of your valuable personal residence. The more time yo...
Stream it Tonight! Woman In Gold (2015)
By Michael Asimow, Paul Bergman
You’ll love the inspiring story of lawyer Randol Schoenberg, the grandson of the great modernist composer Arnold Schoenberg an...
Technology
Digital asset regulation is as complicated as the technology itself
By Timothy Spangler
The more you learn about the underlying technology and begin to see the scale for its deployment across industries, the easier...
Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...
Law Practice, Labor/Employment, Appellate Practice
Addressing California’s justice gap via a pathway to licensure
By Claire M. Solot
It is time for California to recognize that clinging to an outdated methodology to license attorneys serves only one purpose: ...
Legal Education
Berkeley law competition puts students in the hot seat
By Spencer J. Pahlke
The competing schools include winners of every major national mock trial competition for the last two years, as well as the sc...
A trimmed down rendition of the original $1.75 trillion Build Back Better Act, this legislation introduces significant new tax...
Litigation & Arbitration, Constitutional Law
Recent SCOTUS opinions on arbitration statutes
By Gary A. Watt, Patrick Burns
Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.