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


Civil Rights

Asian-American Heritage Month in review

Jun. 12, 2020
By Frank H. Wu

Asian-American Heritage Month, May, has ended, and just as well. The government proposals made as the celebrations were conclu...


Law Practice

Each juror brings a unique perspective and experience to the process, but together they create new energy. When jurors aren’t ...


Alternative Dispute Resolution

The COVID-19 pandemic’s impact on civility in mediations

Jun. 12, 2020
By Joan B. Kessler, Tori Hirsch

Usually, crisis and stress are catalysts for incivility, yet it seems that people are trying harder to be “nice” now in virtua...


Government, Constitutional Law

President Trump and the Rule of Law

Jun. 12, 2020
By Joseph R. Grodin

It’s a funny thing about the Rule of Law: It’s not a rule, and it’s not a law. It is, rather, a set of principles, a body of n...


Criminal

Rule 4 rescission: untethered from reason

Jun. 12, 2020
By Jacqueline Goodman

Ironically, in a vote cast by email to ensure their own safety in the midst of the COVID-19 pandemic, the California Judicial ...


Law Practice

We lawyers are accustomed to incremental change based on reasoned consideration of precedent. Legal precedent is designed to c...


Law Practice, Ethics/Professional Responsibility, Civil Litigation

The 6th District Court of Appeal recently issued a landmark decision upholding the trial court’s sustaining of a demurrer, wit...


U.S. Supreme Court, Criminal, Civil Rights

Facts are stubborn things

Jun. 12, 2020
By Robert L. Bastian Jr.

In reviewing uses of force, what law departments now consider as facts relevant to determining whether force is reasonable sig...


Health Care & Hospital Law

Broad immunity for nursing homes is short-sighted

Jun. 11, 2020
By Christa H. Ramey

In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United...


Government, Criminal

Good cop, bad cop and the US attorney general

Jun. 11, 2020
By Howard Gillingham

Attorney General William Barr does not know a good cop from a bad one. United States District Judge Emmitt Sullivan may soon t...


Civil Litigation

The hearsay rule and a re-introduction to Evidence I

Jun. 11, 2020
By Michael D. Marcus

A recent ruling provides an introductory law school review of what is hearsay and what is not.


A double dip is frequently associated with an adjustment made by the business valuer for the owning spouse's salary.


State Sen. Susan Rubio has a venerable history of authoring legislation addressing the issue of domestic violence. However, un...


Insurance

Virus, disease exclusions in insurance policies may be unenforceable

Jun. 11, 2020
By Shaun H. Crosner, Nicolas A. Pappas

In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVI...


A torrent of recent decisions has pointed to state courts as the venue in which states, cities and other local jurisdictions c...


The president has considerable latitude to use the military for lawful domestic purposes, but forcefully clearing the square o...


U.S. Supreme Court, Government, Constitutional Law

The US Supreme Court’s giant Puerto Rico miss

Jun. 10, 2020
By Glenn E. Roper

In a decision issued June 1, the U.S. Supreme Court missed an opportunity to address an important question: Does the abuse of ...


The commonly used methods of valuation are categorized into three primary approaches. The three approaches are the asset, inco...


Law Practice, Civil Litigation

For the times, they are a-changin’... or are they?

Jun. 10, 2020
By Gregory L. Bentley

To address this crisis, our court system is leaning-in. Through the valiant efforts of the Judicial Council, bench and bar le...


Torts/Personal Injury, Law Practice

Gym and fitness facilities often unprepared to respond to health emergencies

Jun. 10, 2020
By Bruce A. Broillet, Alan Van Gelder

Various health issues can arise at a gym/fitness facility which require action by employees of the facility. Such issues can i...


Law Practice, Civil Litigation

Coronavirus’ effect on juror attitudes

Jun. 10, 2020
By Gary A. Dordick

Once the courts figure out how to best get jurors back into the courthouse and into the jury box the question will be, how wil...


Law Practice, Civil Rights

Closed offices and courtrooms have created a major disruption with our ability to effectively represent our clients. Plaintiff...


Whether representing a plaintiff or defendant, it is never too soon to prepare your case for trial. Be the captain of your shi...


Law Practice

Now is the time for attorneys to begin or supplement their education on the types of electronic information and the methods by...


Law Practice, Alternative Dispute Resolution

Resilience: What is it and how can I develop it?

Jun. 10, 2020
By Jamie A. Jacobs-May

As we face the Covid-19 pandemic, most of us have experienced anything from noticeable distress to life-threatening harm and t...


This three-part series will discuss key factors inherent in business valuation reports. The focus will be on mechanical issues...


Judges and Judiciary, Family

Court closures and consensual dispute resolution

Jun. 9, 2020
By Franklin R. Garfield

The supervising judge of the Family Law Departments of the Los Angeles County Superior Court has recently announced a back log...


Judges and Judiciary

A jury trial amidst pandemic and protest

Jun. 9, 2020
By Garen Horst

On June 1, the Historic Courthouse in Auburn re-opened for business after being closed for two and one-half months due to the ...


Securities, Government, Corporate

SEC Amendments to financial disclosures save money at the expense of investors

Jun. 9, 2020
By Timothy R. Bowers, Lauren M. Bittle

On May 21, the SEC published its final rule regarding Amendments to Financial Disclosures about Acquired and Disposed Business...


Labor/Employment

While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...