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Law Practice, Appellate Practice

Expert depositions in preparation for trial

Sep. 15, 2022
By Dan L. Stanford

Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...


Labor/Employment

When union reps said pro-union workers hadn’t received ballots in the mail, NLRB employees prepared duplicate ballots while ar...


Criminal

English common law still reigns supreme

MCLE
Sep. 14, 2022
By Alexander Rufus-Isaacs

With any case of first impression, where California statutes are silent on a subject and there is no other positive law, the E...


Letters

Myron Moskovitz's September 6 piece Coercing Religion - Part One reignited a flame in me that I expressed back in a 2010 Daily...


Judges and Judiciary

Superior Court summer extern program: an evaluation

Sep. 14, 2022
By Richard L. Fruin

The extern experience is intended to introduce law students to the expectations of judges and, more broadly, to the practice o...


Torts/Personal Injury

A tactic widely perceived as mostly fraudulent by the profession is being used by defense counsel in torts claims. If successf...


Real Estate/Development, Government

Closing a habitability exclusion loophole

Sep. 13, 2022
By Stephen L. Raucher

The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.


Law Practice, Appellate Practice

Nearly every guest has commented on the need to get out of the office and join the legal, local, or larger community as early ...


Native Americans, Family

The Indian Child Welfare Act is what’s best for kids

Sep. 13, 2022
By Kathryn Eidmann, Tara C. Ford

Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...


Constitutional Law

A misguided quest for the original understanding

Sep. 13, 2022
By Erwin Chemerinsky

The Supreme Court’s embracing of originalism is an approach to constitutional law that threatens basic aspects of freedom and ...


Law Practice, Appellate Practice

In effect, the majority’s holding contravened the fundamental principle “that mere gang membership and affiliation with gang m...


The court’s decision is consistent with California precedent, which long ago merged the common law doctrines of impracticabili...


Health Care & Hospital Law, Government

Gender dysphoria could be an ADA-protected disability

MCLE
Sep. 12, 2022
By Kamran M. Shahabi

Employers, having knowledge of an employee’s diagnosed condition, should likely recognize that transgenderism, if associated w...


Law Practice, Appellate Practice

Attorneys as educators

Sep. 12, 2022
By Paul A. Bacigalupo, Barbara A. Kronlund

As a nation we are experiencing a truly unique moment, and one where we will need to rely on the rule of law to guide us throu...


Insurance

Proving liability in “slip and fall” cases

Sep. 12, 2022
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...


Law Practice, Appellate Practice

Mistakes v. Errors

Sep. 12, 2022
By Arthur Gilbert

Certain persnickety readers, some posing as friends, love to point out spelling and punctuation mistakes (or is it errors?) I ...


Civil Litigation

While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...


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)

Sep. 9, 2022
By Michael Asimow, Paul Bergman

The personalities of the two attorneys are at the core of this excellent film.


Letters


Law Practice, California Supreme Court, Appellate Practice

Treble damages among a handful of recent important decisions

Sep. 8, 2022
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

Sep. 8, 2022
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

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

Sep. 8, 2022
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

Sep. 7, 2022
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

Under Senate Bill 1144, California will be doubling down on failed policies that have done nothing to reduce Legionnaires’ Dis...


Law Practice, Appellate Practice

Seeking a settlement frame of mind

Sep. 7, 2022
By James P. Gray

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

Sep. 7, 2022
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


Labor/Employment, Government

California Lawmakers Eyeing Greater Pay Transparency

Sep. 6, 2022
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...