Civil Litigation, California Supreme Court
Breadcrumbs or apple seeds?
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...
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?
By Reza Torkzadeh, Allen P. Wilkinson
Last week, the Central District of California announced the suspension of civil and criminal jury trials.
Sometimes, mediation and/or arbitration simply will not do; you have to get ready for trial.
Letters, Judges and Judiciary
In judicial elections, state law favors one profession
By David D. Diamond
The reason is simple. Ballot designations.
Torts/Personal Injury, Civil Litigation, California Courts of Appeal
Courts recognize broad protections for elder or dependent adult financial abuse
By Andrew R. Verriere
The 4th District Court of Appeal recently recognized that the breadth of the Elder and Dependent Adult Civil Protection Act an...
Government, Constitutional Law
Of filibusters and festive bachelors: The dark purpose of the Senate’s minority rule
By Neil Auwarter
The U.S. Senate’s filibuster rule looms large, threatening to stymie both the John Lewis Voting Rights Act and President Joe B...
Criminal
Why plaintiffs’ lawyers should be worried about DUI, DWI accidents
By Justin H. King
The number of Californians who drive under the influence of drugs or while intoxicated remains high — even amid a global pande...
Law Practice
Early evaluation can help quickly resolve your fee disputes
By Ken Moscaret
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
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
Incarcerated veterans now permitted to request lower sentences
By Eileen C. Moore
What appellate courts have said about Penal Code Section 1170.91
Law Practice, Appellate Practice
The Collateral Order Doctrine
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
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
High court should block vaccine mandates pending full judicial review
By Michael A. Columbo
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
Stream it Tonight! The Scopes Monkey Trial of 1925 leaps from the history books into your living room!
By Michael Asimow, Paul Bergman
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
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
Lien, lien, lien on me, and don't forget your attorney fees
By Garret D. Murai
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
California gets new laws in 2022 that will affect personal injury cases
By Logan Quirk
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
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
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
The 3rd District's delay fiasco and another lesson learned
By Jon B. Eisenberg
Ongoing delays in the Court of Appeal have exposed weak links in the protections that were devised in response to a California...
Most lawyers think you win appeals with erudite dissertations on the law. Not me. The law matters, but the facts matter more.
By the time you read this I will be gone — from big law.
U.S. Supreme Court, Constitutional Law
Takings law potpourri in 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
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
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...
The law and modern lawyering’s subtle role in setting forensic standards and a rhetorical tone necessary for democracy should ...
Construction
4 steps to promptly resolving California Right to Repair Act disputes
By Terry R. Bailey
Despite the Legislature’s declaration and intent, “prompt” and “early” are words rarely used today to describe resolving most ...
It is in their moral and financial best interests to have diversity at all levels.
Through its new DashCorp subsidiary, the delivery service is now using workers to deliver meals in Manhattan, and these worker...