This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Real Estate/Development, Land Use, Government

Forced sale of public nuisance property not a taking

Apr. 25, 2022
By Bradford B. Kuhn, Jillian Friess Leivas

On appeal, the Court explained that while the government must pay when it takes private property, including a lien, there is a...


Law Practice, Appellate Practice

Poking holes in CDA Section 230 immunity

Apr. 22, 2022
By Douglas E. Mirell

Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...


True gifts are not income the IRS can tax, but the line between what is income and what is a gift is sometimes disputed.


President Biden has proposed what he calls the “Billionaire Minimum Income Tax” as part of his new budget. The title is a misn...


Torts/Personal Injury

In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.


By asking the Legislature to change the College’s name, its Board of Directors is attempting to impair the contract that creat...


Law Practice, Judges and Judiciary, Appellate Practice

Appellate review of the failure to exercise discretion

Apr. 21, 2022
By David M. Axelrad

When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...


Government, Data Privacy

One of the most interesting pieces of legislation that ought to have a chance of passage is S.500 – a bipartisan bill that wou...


Judges and Judiciary, Government

Victims are traumatized by crime. When the elected prosecutor tramples their rights and abandons them, they are traumatized a ...


Law Practice, Appellate Practice

CPRA series: Part II - Consumer rights

MCLE
Apr. 20, 2022
By Ron Raether, Kamran Salour

The CPRA modifies the rights afforded to California residents under the CCPA and creates new rights, such as the right to limi...


Technology, Judges and Judiciary

Bring transparency to our prison system!

Apr. 19, 2022
By James P. Gray

As an example, one of my correspondents wrote to me that he is Jewish, and he had heard that some fellow inmates who were skin...


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...


Entertainment & Sports

Stream It Tonight! The Talk of the Town (1942)

Apr. 19, 2022
By Paul Bergman, Michael Asimow

Law is more than words on a page; its spirit must be engraved on our hearts. Many decades later, this speech still rings true.


Letters, Contracts


Health Care & Hospital Law, Criminal

Due to AB 124 and other recently passed laws, it is more imperative than ever for lawyers and judges to be aware and informed ...


Labor/Employment, Entertainment & Sports

The players who embody the future of the game earn an annual salary of between $4,800 and $15,400. They also live in terrible ...


Entertainment & Sports

Stream It Tonight! A Place in the Sun (1951)

Apr. 18, 2022
By Michael Asimow, Paul Bergman

The movie is based on Theodore Dreiser’s classic novel “An American Tragedy” (1925). The deeper story is about the American cl...


Technology

Social media companies must help parents do their jobs

Apr. 15, 2022
By Christa H. Ramey

In “tea rooms” or “shade rooms,” teens regularly post disparaging comments and photos of their peers and engage in online bull...


Technology, Labor/Employment

One employee, Chris Smalls, was frustrated by H.R.’s lack of responses to workers’ demands, so he organized an employee walkou...


Law Practice, Appellate Practice

Biting the hand that feeds me: Part I

Apr. 14, 2022
By Myron Moskovitz

How many of us are quick enough on our feet to come up with a persuasive rebuttal to a new twist we’ve never seen before – on ...


Antitrust & Trade Reg.

To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...


Litigation & Arbitration

The employee was told the English-language agreement involved a change of company, not that it waived his right to a jury tria...


Law Practice, Judges and Judiciary, Appellate Practice

Make sure your court reporter is really a court reporter

Apr. 13, 2022
By Melissa B. Buchman, Mary E. Pierce

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, Judges and Judiciary, Appellate Practice

Under the new law (CCP Section 231.7), either the judge or opposing counsel can raise an objection if it appears that the pere...


Government, Environmental & Energy

Corporations and others looking to conduct business in California would be wise to consider the implications of Gov. Gavin New...


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.


What we have, then, is a conflicted opinion about an anomalous statute. In re H.N. first finds § 311.11(a) to be a wobbler and...


Tax, Banking

Anytime you are playing with ownership and who really owns what, be careful, and be realistic. You really shouldn’t have to pa...