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Insurance

California courts have refused to find a duty to protect absent both a "special relationship" with the plaintiff and "actual k...


Environmental & Energy

New water rule isn't the end of the story

Jun. 10, 2015
By Joshua A. Bloom, J. Thomas Boer

The EPA recently announced its definition of "waters of the United States," and litigation seems likely to follow. By Joshua A...


U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights

Guarding the liberties of religious Americans

Jun. 9, 2015
By John-Paul S. Deol, Harmeet K. Dhillon

A half-century after the enactment of Title VII , the Supreme Court has finally provided a bright-line rule to assist in enfor...


Law Practice, Judges and Judiciary

Every lawyer's free (to wear sunscreen)

Jun. 6, 2015
By Richard Mosk

Richard Mosk gave the swearing in speech in Pasadena Thursday for the bar's newest members. Here's what the justice had to say...


Alternative Dispute Resolution

Advocate the Navajo way: with balance

Jun. 6, 2015
By Robert S. Mann

The idea of balance, harmony and a connection to nature is central to the Navajo belief system. Balance is also important in m...


Letters, Civil Rights

As an author of an amicus brief to be filed in the case, and a regular reader of the Daily Journal, I must respond to Mark Pul...


Government, Administrative/Regulatory

Help forestall rent control calamities

Jun. 5, 2015
By Robert Steven Harrison

Understanding more about how local rent control interact with state eviction laws may help attorneys, judges and lawmakers ste...


Labor/Employment

Can a headless class move forward?

Jun. 5, 2015
By Eric B. Kingsley

In yet another potentially pro-employer case, the high court is considering whether "cutting off the head" of a class - i.e., ...


Appellate Practice

Using precedent effectively in your briefs

Jun. 4, 2015
By Myron Moskovitz

Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess.


U.S. Supreme Court, Criminal

Dueling canons

Jun. 3, 2015
By Michael J. Raphael

What if, in a single case, two canons of construction each require a different result? This question may underlie a criminal s...


Administrative/Regulatory

It is clear that California's Invasion of Privacy Act needs reform. Unfortunately for most businesses, AB 925 will not provide...


Can employees be on call on break?

Jun. 2, 2015
By Jessica M. Di Palma

A pending case will test the state Supreme Court's facility in addressing the effects of rapidly changing technology in the wo...


Law Practice

Earth is not flat

Jun. 2, 2015
By Arthur Gilbert

And direct appointments to the bench are fine.


Criminal

Here is a radical concept: We should go away from those criminal justice approaches that don't work, and implement the ones th...


Civil Litigation, Family

Actress Sofia Vergara and former fiancé Nick Loeb are in a custody over two frozen embryos created during the couple's now-def...


International Law

Humanitarian crises at sea

May 29, 2015
By Julie L. Kessler

The news of late has been replete with stories of death at sea as refugees make their way to Europe, but there is also a crisi...


U.S. Supreme Court, Criminal, Constitutional Law

Private payment, private sex

May 29, 2015
By Jerald Mosley

Is sexual privacy a constitutional right? If so, does that cover private payment for private sex? Those are questions posed in...


Tax, Government, Civil Rights, Administrative/Regulatory

Taxpayers may avoid paying for sex change

May 28, 2015
By Mark S. Pulliam

Due to an unexpected parole recommendation, taxpayers may avoid paying for sex change operation for a transgender prisoner. ...


U.S. Supreme Court, Intellectual Property

Defense won't fly in patent scuffles

May 28, 2015
By Ben M. Davidson

On Tuesday, the U.S. Surpeme Court held that a good faith belief that a patent is invalid is not a defense to a claim of induc...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

When a court learns of jury misconduct post-trial

MCLE
May 25, 2015
By Kathryne Ann Stoltz

Review the rules a judge must follow in addressing potential juror misconduct post-trial, and to discuss some of the more typi...


U.S. Supreme Court, Civil Litigation, California Supreme Court

Yet another attack on contract integrity

May 27, 2015
By Deborah J. La Fetra

The U.S. high court recently granted certiorari in a case that represents the latest assault by California courts on the integ...


Explore the benefits of judicial reference

May 23, 2015
By Charles L. Pernicka

General judicial reference is an underutilized alternative to arbitration that avoids the unpredictability of an arbitration a...


Labor/Employment

Cause to celebrate for plan participants

May 22, 2015
By Michelle L. Roberts

The high court may have allowed the plaintiffs' claims to 'pass go,' but they may not be able to collect 200 dollars after the...


Civil Rights

Another casualty in the war on free speech

May 21, 2015
By Julie L. Kessler

Last week, banker and secular Bangladeshi writer, Ananta Bijoy Das, was hacked to death by men with machetes as he left his ho...


Family

Egg donors are sometimes paid up to $50,000. Many donors assume these payments are tax-free, since payments for physical injur...


Intellectual Property

Apple's trade dress disrobed by court

May 20, 2015
By Jocelyn M. Belloni, Sharoni S. Finkelstein

On Monday, the Federal Circuit vacated $382 million of the $930 million in damages awarded to Apple against Samsung related to...


Letters, Judges and Judiciary, Government

Bench diversity efforts leave out some groups

May 19, 2015
By Peter A. Lynch

Unfortunately, a closer look at recent statistics released by the governor's office paint a much different story on diversity ...


Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations

Will state licensing regimes survive?

May 19, 2015
By Teresa J. Schmid

Standing alone, the U.S. high court's decision in Dental Examiners did not represent any new challenges for the State B...


On May 6, the European Commission issued a new digital single market strategy for Europe laying out the proposed roadmap for a...


Antitrust & Trade Reg.

Pay-for-delay and the rule of reason

May 15, 2015
By Howard M. Ullman

Last week, the state high court rejected arguments that settlement payments exceeding the costs of litigation or the value of ...