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Health Care & Hospital Law, California Courts of Appeal

Future medical expenses thrown into an ACA flux

May 16, 2017
By Jeffrey D. Wolf

A California Court of Appeal decision recently injected politics and the country's health care debate into a routine personal ...


U.S. Supreme Court

Foreign sovereign immunity incertitude

May 16, 2017
By Scott J. Street

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

May 16, 2017
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

May 15, 2017
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...


International Law, Government

The long-prophesized 'Chinese Century'

May 15, 2017
By Anna M. Han

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...


Appellate Practice

Statement of facts: Part III

May 15, 2017
By Myron Moskovitz

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

May 15, 2017
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?

May 15, 2017
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

May 15, 2017
By Brian M. Hoffstadt

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...


Judicial Profile

William Lehman

May 14, 2017
By Arin Mikailian

Superior Court Judge Imperial County (El Centro) ...


Tax, Administrative/Regulatory

The use of private debt collectors has long been controversial, but Congress approved letting the IRS farm out some collections.


Labor/Employment, Government

We begin where James Comey ended. In his farewell letter, Comey noted that a president can fire an FBI director for any reason...


Government, Books

Poverty and housing policy in the US

May 13, 2017
By Lawrence P. Riff

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

May 12, 2017
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

May 12, 2017
By Elizabeth M. 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

May 12, 2017
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

May 12, 2017
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

May 12, 2017
By Christopher W. Olmsted, Charles L. Thompson IV

It's risky business to modify accommodation programs for temporarily disabled employees.


Law Practice, Appellate Practice

A waste of limited judicial resources

May 12, 2017
By Jonathan A. Goldstein

Published appellate decisions that abandon common sense highlight the problem of justices who either are too inexperienced or ...


Criminal, Constitutional Law, State Bar & Bar Associations

Modifications to proposed prosecutor rule will have consequences

May 12, 2017
By Michael Ogul, Laurie L. Levenson

What some prosecutors fail to recognize is that there is no materiality requirement under existing California law reg...


Intellectual Property

When memes make you (or Jordan) cry

MCLE
May 12, 2017
By Sam Iverson, Tim Rawson

If Michael Jordan is heading for the tissues over his "Crying Jordan" meme, he would have an arsenal of legal weapons at his d...


Law Practice

Johnson Amendment order is merely symbolic

May 11, 2017
By Erin Bradrick

Given the amendment is rarely enforced, the order seems more of an effort by Trump to convince his base that he is getting thi...


Civil Litigation, California Supreme Court

High court ruling clarifies anti-SLAPP in discrimination suits

May 11, 2017
By James Azadian, Cory L. Webster

The holding is perhaps best explained by considering the alternative: A win for the defendant would likely mean all discrimina...


Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Last month, a California federal district court granted the defendants' motion to dismiss claims for unpaid wages brought by a...


Tax, Government

The problem with an underfunded IRS

May 11, 2017
By Bruce Givner, Owen Kaye

In 2017, the Internal Revenue Service will be about 20 percent underfunded compared to 2010, in constant dollars.


Health Care & Hospital Law, Government, Administrative/Regulatory

Health care is too complex for this quick fix

May 11, 2017
By Craig B. Garner

It is preposterous to believe the AHCA can replace not just the 906-page ACA, but also the tens of thousands of regulatory cla...


Appellate Practice

Fortunately, there were witnesses

May 10, 2017
By Benjamin G. Shatz

Unfortunately, their testimony is not just inconsistent, but irreconcilably contradictory.


Labor/Employment, Administrative/Regulatory

Is California moving toward completely 'blind' hiring?

May 10, 2017
By Gina M. Roccanova

Assembly Bill 168 would prohibit California employers, including public sector employers, from requesting information about a ...


Family

'Til death, we divorce

May 10, 2017
By Diana P. Zitser, Brandon Johnson

Most people know marriage is supposed to be forever, but few realize divorces can feel that way, too.


Law Practice, Intellectual Property, Administrative/Regulatory

Think you know craft beer attorneys?

May 10, 2017
By Daniel J. Croxall

Craft beer lawyering, while seemingly "so cool" to some lawyers, at the end of the day is just another day at the law office m...