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Civil Litigation, California Supreme Court

Breadcrumbs or apple seeds?

Jan. 11, 2022
By Brian M. Hoffstadt

Some (but not all) judges on occasion seem to place language in their opinions that can serve as breadcrumbs (because the lang...


Law Practice

Talking to strangers: Lessons for lawyers

Jan. 10, 2022
By Syed H. Mannan

Although even judges are only slightly better than chance at calling a lie, both lawyers and judges can improve their ability ...


Law Practice, Judges and Judiciary, Covid Court Ops, Covid Columns

COVID-19: Will things ever return to ‘normal’ in California courts?

Jan. 10, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Last week, the Central District of California announced the suspension of civil and criminal jury trials.


Law Practice

Taking a difficult dispute to trial

Jan. 10, 2022
By James D. Crosby

Sometimes, mediation and/or arbitration simply will not do; you have to get ready for trial.


Letters, Judges and Judiciary

The reason is simple. Ballot designations.


Torts/Personal Injury, Civil Litigation, California Courts of Appeal

The 4th District Court of Appeal recently recognized that the breadth of the Elder and Dependent Adult Civil Protection Act an...


Government, Constitutional Law

The U.S. Senate’s filibuster rule looms large, threatening to stymie both the John Lewis Voting Rights Act and President Joe B...


The number of Californians who drive under the influence of drugs or while intoxicated remains high — even amid a global pande...


Law Practice

In my experience, few large multimillion-dollar fee disputes ever reach trial or arbitration hearing. They settle, like the va...


2021 in Review: Cases Involving Lawyers

MCLE
Jan. 6, 2022
By Alex A. Graft, Kenneth C. Feldman

In these polarizing times, civility is too often lacking -- and in 2021, California appellate courts made clear they were not ...


Military Law, Criminal

What appellate courts have said about Penal Code Section 1170.91


Law Practice, Appellate Practice

The Collateral Order Doctrine

MCLE
Jan. 5, 2022
By Gary A. Watt, Rosanna W. Gan

In California, the one final judgment rule is primary. However, there are exceptions -- for example, if an order is “collatera...


Law Practice, Ethics/Professional Responsibility

Set new habits in 2022

Jan. 5, 2022
By Shari L. Klevens, Alanna G. Clair

A few “resolutions” for attorneys aimed at fixing five bad habits that are all too common and that can create unnecessary risk...


U.S. Supreme Court, Health Care & Hospital Law

The U.S. Supreme Court should hold that the challenges to the Biden administration’s unconstitutional, extra-statutory, and ar...


Law Practice, Entertainment & Sports, Books

For tonight’s movie, we’re suggesting you stream “Inherit the Wind,” the classic 1960 film about the 1925 Scopes Monkey trial.


Civil Litigation, Bankruptcy

Court unravels Purdue bankruptcy plan protecting Sacklers

Jan. 4, 2022
By David S. Kupetz, Victor A. Sahn

In a recent appellate decision vacating Purdue Pharma’s confirmed chapter 11 bankruptcy plan of reorganization, the U.S. Distr...


Construction, Civil Litigation, California Courts of Appeal

Unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by “involuntary.” I mean you have n...


Torts/Personal Injury, Law Practice

Accidental injury is America’s number three cause of death — you could call it our country’s other, less-talked-about pandemic...


Judges and Judiciary, Appellate Practice

The 2021 Appellate Year in Review

Jan. 4, 2022
By Benjamin G. Shatz

Now’s the time for all those year-end retrospectives, so why not an appellatey annual review?


Law Practice, Judges and Judiciary

My New Year’s Resolutions for 2022

Jan. 3, 2022
By Arthur Gilbert

Will try to be optimistic about the future. Sorry, I can only try. But I can be certain about a resolution that is an acknowle...


California Supreme Court, California Courts of Appeal, Appellate Practice

Ongoing delays in the Court of Appeal have exposed weak links in the protections that were devised in response to a California...


Law Practice, Appellate Practice

When ‘the facts’ are not the facts

Jan. 3, 2022
By Myron Moskovitz

Most lawyers think you win appeals with erudite dissertations on the law. Not me. The law matters, but the facts matter more.


Law Practice

How I joined the Great Resignation

Jan. 3, 2022
By Heather Meeker

By the time you read this I will be gone — from big law.


U.S. Supreme Court, Constitutional Law

Takings law potpourri in 2021

Dec. 30, 2021
By Michael M. Berger

It is December, and everyone takes stock of what has transpired during the past year. Why should we be different? We have had ...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

9th Circuit’s top 10 environmental law decisions of 2021

MCLE
Dec. 30, 2021
By Richard M. Frank

This year, the Court of Appeals maintained its role as one of the most prodigious sources of key environmental law decisions.


Family

Judges need not show their work in setting spousal support

Dec. 29, 2021
By Franklin R. Garfield

A recent appellate court ruling acknowledged that making express findings on each of the factors set forth in Family Code Sect...


Law Practice, Government

Facts remain stubborn things

Dec. 29, 2021
By Robert L. Bastian Jr.

The law and modern lawyering’s subtle role in setting forensic standards and a rhetorical tone necessary for democracy should ...


Construction

Despite the Legislature’s declaration and intent, “prompt” and “early” are words rarely used today to describe resolving most ...


Corporate

Corporate boards should be diverse

Dec. 28, 2021
By Arash Homampour

It is in their moral and financial best interests to have diversity at all levels.


Labor/Employment

DoorDash just dug a big hole under Prop 22

Dec. 28, 2021
By Ronald L. Zambrano

Through its new DashCorp subsidiary, the delivery service is now using workers to deliver meals in Manhattan, and these worker...