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Appellate Practice

On the one hand, why anticipate an argument that your opponent might never make? Why run the risk that the court will be impre...


Judges and Judiciary

Going through a spell

Jul. 7, 2015
By Arthur Gilbert

Judges often decide cases involving arcane subjects in which our knowledge or skill is severely limited. For me, it is the eso...


Civil Litigation

Liable for backseat driving

Jul. 3, 2015
By Craig A. Roeb, Kacey R. Riccomini

According to a recent decision, a passenger who engages in reckless "backseat" driving may now be liable as an aider and abett...


U.S. Supreme Court, Criminal

Scalia finally got his way

Jul. 1, 2015
By Evan Tsen Lee

Not on same-sex marriage, of course, but in a federal sentencing case that could send shock waves through California penitenti...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

Objections to the form of questions

MCLE
Jun. 29, 2015
By Elia V. Pirozzi

Learn about objections to questions considered vague, ambiguous or unintelligible, compound, argumentative, and asked and answ...


Civil Litigation, California Courts of Appeal

What happens when a party is added after an offer?

Jun. 30, 2015
By Craig A. Roeb, Michelle L. Ellis

For the first time, a Court of Appeal ruling identifies that when a defendant is named later in the case, it is not naturally ...


Administrative/Regulatory

Patent laws... you know, like sausages

Jun. 30, 2015
By Ben M. Davidson

Both the Senate and the House are working on legislation to rein in patent trolls. Don't be afraid to look at what they're put...


Labor/Employment

Are nail salons lousy with the law?

Jun. 27, 2015
By Erin R. Mindoro

News reports on the "shocking" working conditions in many nail salons may well lead to the next wave of wage and hour class ac...


A class action filed Friday with the DOJ alleges that the court has been failing miserably in fulfilling its duty to provide l...


Family, California Courts of Appeal

A recent opinion is a cautionary tale illustrating how a notice of appeal is jurisdictional and that, if the notice is filed t...


Environmental & Energy

Last week, the provided inclusionary housing advocates a major policy and legal victory by unanimously ruling that an afforda...


Law Practice

Rachel Dolezal and unmistaken identity

Jun. 25, 2015
By Julie L. Kessler

As I listened to the interviews regarding Dolezal and the pundits of every color pontificating about a woman they don't know, ...


U.S. Supreme Court

Right ruling, wrong reasons

Jun. 24, 2015
By Robert L. Bastian Jr.

The high court upheld the state of Texas' right to refuse issuing a specialty license plate featuring an image of the Confeder...


Constitutional Law

Taking a raisin is still taking

Jun. 24, 2015
By Ara R. Jabagchourian

On Monday, the U.S. high court said an agricultural program that requires farmers to set aside portions of their crop for the ...


Criminal

Revenge porn purveyors soon face new consequences

Jun. 23, 2015
By Jay Lichter, Richard H. Lee

California's new revenge porn law goes into effect July 1. The law will address some of the shortcomings of its predecessors.


Civil Litigation

Sony hack ruling a double-edged sword

Jun. 23, 2015
By Hsiao C. Mao, Sheila Pham

Last week, a district court denied Sony Pictures' motion to dismiss as to Article III standing in a case involving a major dat...


Labor/Employment

Uber fallout may have several shapes and sizes

Jun. 23, 2015
By Robert W. Wood

If a ruling last week finding an Uber driver to be an employee rather than an independent contractor is a sign of things to co...


Congress, judges diverge on remand review

Jun. 23, 2015
By Peder K. Batalden, John F. Querio

Congress has barred review of remand orders, but many federal judges seem to feel differently.


Alternative Dispute Resolution

Don't forget critical eleventh-hour issues

Jun. 20, 2015
By Jan Frankel Schau

It happens frequently. It is late, and the clouds seem to part in a hotly contested employment mediation. Settlement appears l...


Corporate, Constitutional Law, Administrative/Regulatory

Fairness of SEC forum is dubious

Jun. 20, 2015
By Thomas A. Zaccaro, Nicolas Morgan

The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win...


Environmental & Energy, Administrative/Regulatory

User's guide to California water rights

Jun. 19, 2015
By Kathryn L. Oehlschlager

Environmental lawyer Kathryn Oehlschlager provides a user's guide to California's priority system, curtailment, voluntary cutb...


Package delivery's 'seismic' situation

Jun. 19, 2015
By Robert W. Wood

In the wake of a 2014 9th Circuit decision, FedEx has reached a $228 million settlement with drivers who said they were miscla...


Entertainment & Sports, Administrative/Regulatory

St. Louis picked off trying to steal?

Jun. 19, 2015
By Mary Ellen Callahan, Emily Bruemmer

The St. Louis Cardinals may catch some chin music after reports that federal law enforcement is investigating whether Cardinal...


Constitutional Law

Why 'ultimate encryption' should be outlawed

Jun. 18, 2015
By Amitai Etzioni

Tech companies are increasingly adopting encryption schemes that allow only the sender and the receiver of the communication t...


Criminal, Constitutional Law, Civil Rights

The rights of transgender prisoners

Jun. 18, 2015
By Sanford Jay Rosen, Aaron J. Fischer

U.S. District Judge Jon Tigar got it right when he said California must provide sex-reassignment surgery to a prisoner.


U.S. Supreme Court, Constitutional Law

When is enough enough?

Jun. 18, 2015
By Brian M. Hoffstadt

It is important to know which considerations can prompt a judge to decide that a line of precedent should have an endpoint.


Government

Police need true partnerships with community

Jun. 17, 2015
By A. Marco Turk

What exactly does 'constitutional' policing mean, and will it work?


U.S. Supreme Court, Constitutional Law

Killing a check on the executive branch

Jun. 17, 2015
By Erwin Chemerinsky

For the first time in American distory, the U.S. Supreme Court recently declared unconstitutional a statute limiting president...


Civil Litigation

New state high court not looking good for employers

Jun. 16, 2015
By Timothy D. Reuben, Michael Hirota

The newly constituted state Supreme Court has given an unmistakable signal that it has moved to the legal left and is a pro-em...


Environmental & Energy

Little fracking risk, despite EPA disclaimers

Jun. 13, 2015
By Jeffrey Dintzer

A long-awaited study by the EPA found no evidence that hydraulic fracturing has had widespread, systemic impacts on drinking w...