Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.
Civil Litigation, Law Practice, Health Care & Hospital Law
Signed into law in 1975, MICRA reform is long overdue
By Mark B. Simowitz
Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, t...
Intellectual Property
Implications for prefiling activity under AIA
By Abhijit P. Adisesh
As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practi...
Tax, Probate
Constructive trusts can be court imposed to ensure equity
By Megan Lisa Jones
A recent case demonstrates that, sometimes, the law recognizes equity.
U.S. Supreme Court, Constitutional Law
SEARCH WARS: Return of the Judiciary
By Brian M. Hoffstadt
Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...
Superior Court Judge Imperial County (Brawley) ...
Corporate, Contracts, California Courts of Appeal
Contracts may hold up, even if signer had no authority to bind
By Iain Mickle, Andrea L. Bacchi
In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agre...
Government, Administrative/Regulatory
Law firms can take a page from Macron
By Anita Taff-Rice
Living in the age of cyberhackers, law firms should consider reverting to landline phone calls and paper documents to protect ...
Civil Rights
Special prosecutor rules and the case of the Groveland Boys
By Thomas M. Hall
It doesn't matter why the state Supreme Court rejected the rule. What matters is that prosecutors continue to seek convictions...
Tax, Government, Administrative/Regulatory
California needs to create a court devoted to tax
By Bruce Givner, Owen Kaye
A state tax court would expedite justice by encouraging out-of-court settlement, a key feature of the federal tax court system.
U.S. Supreme Court, Constitutional Law, Civil Rights
Ruling is important victory for civil rights
By Erwin Chemerinsky
The U.S Supreme Court gave civil rights plaintiffs an important victory when it ruled that the city of Miami had standing to s...
U.S. Supreme Court, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
The cautionary tale of the Black Pearl
By James P. Marion
The Walt Disney Company narrowly held onto future "Pirates of the Caribbean" booty on May 2, to little fanfare.
Health Care & Hospital Law, California Courts of Appeal
Future medical expenses thrown into an ACA flux
By Jeffrey D. Wolf
A California Court of Appeal decision recently injected politics and the country's health care debate into a routine personal ...
This month, the U.S. Supreme Court issued its decision in a closely watched case against a foreign government that raised ques...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: The Fifth Amendment Strikes Back
By Brian M. Hoffstadt
If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...
California Courts of Appeal, Appellate Practice
Appellate decision rejects trail immunity in Pasadena case
By Dana M. Howard, Marc Tran
An court has rejected the city of Pasadena's assertion of trail immunity when a child was hit in the head with a golf ball whi...
As a longtime observer of China, a year or perhaps even 100 days ago I would have characterized China as a country that is the...
Any appellate judge will tell you that the standard of review is the first thing they look for in a brief.
Environmental & Energy, Administrative/Regulatory
Proposed CEQA reforms would destroy key provisions
By Adrian Martinez
What so-called CEQA "reformers" fail to mention is that their proposed changes would severely weaken many of CEQA's key provis...
Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals
The California Circuit?
By Benjamin G. Shatz
Actually, there once was such a circuit; let's take a look back to understand its place in history.
U.S. Supreme Court, Constitutional Law
SEARCH WARS: A New Hope for Definitional Clarity
By Brian M. Hoffstadt
A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...
Superior Court Judge Imperial County (El Centro) ...
Tax, Administrative/Regulatory
Private collection agencies now work for the IRS
By Robert W. Wood
The use of private debt collectors has long been controversial, but Congress approved letting the IRS farm out some collections.
Labor/Employment, Government
James Comey's firing through the eyes of a labor lawyer
By Glenn Rothner
We begin where James Comey ended. In his farewell letter, Comey noted that a president can fire an FBI director for any reason...
Last month, "Evicted" received the 2017 Pulitzer Prize for general nonfiction and it is on the New York Times 10 Best Books of...
Labor/Employment, Criminal
For sexual misconduct, a higher standard for law enforcement
By Brian S. Kabateck, Doug Rochen
A narrow exception has been carved that gives sex victims a path to recover the full measure of civil compensation against the...
Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
State secrets trump all
By Elizabeth Pipkin
The pieces are already in place for the government to avoid review of its actions against Muslims -- or anyone else.
State Bar & Bar Associations
Whittier could have weathered the storm
By Stephen F. Diamond
California, a national leader in the attempt to create a gateway for minorities into the legal profession, can ill afford to l...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Copyright Act statutory damages in age of the internet
By Paul Goldstein, Joyce Liou
Because Congress did not contemplate secondary liability for copyright infringement on a massive scale, internet service provi...
Labor/Employment
Important lessons regarding reasonable accommodations
By Christopher W. Olmsted, Charles L. Thompson IV
It's risky business to modify accommodation programs for temporarily disabled employees.