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Law Practice, Judges and Judiciary

It Never Happened

Jul. 2, 2018
By Arthur Gilbert

Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...


Civil Litigation, Law Practice, Appellate Practice

Appellate Adventures, Chapter Five: "Which Facts?"

Jul. 2, 2018
By Myron Moskovitz

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

Debugging Chevron deference

Jul. 2, 2018
By David DeGroot

In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to re...


Civil Litigation, Labor/Employment, California Supreme Court

Who’s an employee? The impact of Dynamex

MCLE
Jul. 2, 2018
By Dariush Adli

Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...


U.S. Supreme Court, Immigration

Ruling bolsters noncitizens’ ability to apply for cancellation of removal

Jun. 29, 2018
By Giselle Sotelo, Carl Shusterman

A little known decision from the U.S. Supreme Court this month will have a very big impact on immigrants facing deportation.


Real Estate/Development, Immigration, Government

For several years, a Los Angeles landlord tried to force his tenant in a Boyle Heights rent-stabilized apartment to pay an ill...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law

Kennedy: A most strident moderate

Jun. 29, 2018
By Ashutosh Bhagwat

Whatever one may think of Justice Anthony Kennedy's jurisprudence as a whole, there is no doubt that he possessed extremely st...


Immigration, Government

A June 23 headline in the New York Times says it all: “Young Children Taken from Their Parents: It Doesn’t Just Happen to Immi...


Government, Environmental & Energy

California lawmakers consider grid reliability fixes

Jun. 28, 2018
By Brian J. Nese, Sarah E. Kozal

This season the California Legislature is considering several bills that tackle issues related to increased variable energy re...


Civil Litigation, International Law, Corporate, California Courts of Appeal

A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.


U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

After NIFLA, we need a principle for disclosure laws

Jun. 28, 2018
By Erwin Chemerinsky

The Supreme Court now will need to figure out a principle for which disclosure laws are unconstitutional compelled speech and ...


U.S. Supreme Court, Civil Litigation, Labor/Employment

In an effort to mitigate against the financial impact of stopping mandatory service fees, labor has promoted, and the Califor...


U.S. Supreme Court, Civil Litigation

American Pipe ruling does not apply to successive class claims

Jun. 28, 2018
By John P. Stigi III, John M. Landry

The Supreme Court’s decision in China Agritech offers key insights on the competition arising from multiple class-action filin...


Attorney General Jeff Sessions directed “each United States Attorney’s office along the Southwest Border ... to adopt immediat...


Civil Litigation, Constitutional Law

Takings case is a carnival of constitutional errors

Jun. 27, 2018
By Michael M. Berger

Now and then you come across a case where the underlying facts are so ludicrous you wonder what possessed the defendant to pre...


U.S. Supreme Court, International Law, Immigration, Government

High court travel ban ruling will have broad impact

Jun. 27, 2018
By Gabriel J. Chin

On Tuesday, the U.S. Supreme Court upheld the Trump administration's travel ban in a now familiar 5-4 alignment.


U.S. Supreme Court, Civil Litigation, Antitrust & Trade Reg.

It takes two to swipe an AMEX

Jun. 27, 2018
By Jeremy K. Robinson

On Monday, the U.S. Supreme Court reaffirmed both the critical importance — and difficulty — of defining the product market in...


Government, Criminal

Bills aim to change key police practices

Jun. 26, 2018
By Susan Leff

These include (1) a bill intended to limit the use of deadly force by police, (2) a bill requiring online access to local poli...


Administrative/Regulatory

Problems with the California Consumer Privacy Act

Jun. 26, 2018
By Corbin K. Barthold

The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...


Civil Litigation, Labor/Employment, California Courts of Appeal

A Court of Appeal recently reversed an approximate $14 million judgment, concluding that the county was not vicariously liable...


Civil Litigation, Labor/Employment, California Supreme Court, Alternative Dispute Resolution

The California Supreme Court's recent decision immediately made "Chicken Little" headlines, but I think it's important to high...


Civil Litigation, Law Practice, Criminal

Victims and advocates must overcome societal stigma and make do with a patchwork of state laws.


Insurance

Wildfire threats keep consumers from finding insurance

Jun. 26, 2018
By Brian S. Kabateck, Christopher B. Noyes

The season for wildfires is already here and insurance companies are running for the hills, telling homeowners they no longer ...


Transportation, Administrative/Regulatory

Today’s impressive aviation safety record did not happen overnight or by itself.


Law Practice, Insurance, Ethics/Professional Responsibility

Don’t lose your malpractice coverage over reporting mishaps

Jun. 26, 2018
By Shari L. Klevens, Alanna G. Clair

Whether an attorney has insurance coverage for a legal malpractice claim can turn on the attorney’s own knowledge and conduct ...


U.S. Supreme Court, Civil Litigation, International Law, Intellectual Property

WesternGeco: Patent damages know no borders

Jun. 25, 2018
By Alex H. Chan

Last week, the U.S. Supreme Court overturned the Federal Circuit’s application of the presumption against extraterritoriality ...


Family, California Supreme Court, Appellate Practice

Child custody and the relocating parent

Jun. 25, 2018
By Sarah Hofstadter

It may be time to move away from a precedent set by the California Supreme Court over two decades ago.


U.S. Supreme Court, Labor/Employment

Legally, not much. Practically, though, it does move the goalposts. Below are some scenarios that employers can now anticipate.


U.S. Supreme Court, Tax, Civil Litigation, Corporate

Wayfair proves that the law is mightier than the Quill

Jun. 25, 2018
By Mark R. Yohalem, C. Hunter Hayes

Until last week, America’s retail economy has been distorted for over half a century by a judicially erected “tax shelter” giv...


Civil Litigation

The discovery that is different

MCLE
Jun. 25, 2018
By Michael J. Raphael

In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...