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When courts can approve structured dismissals

Mar. 31, 2017
By David Kupetz

In bankruptcy courts as on the playground, everyone has to wait their turn, says the U.S. Supreme Court. No cutting allowed in the priority of asset distribution.

general/Criminal Law

Controlling the Courtroom

Mar. 27, 2017
By Jacqueline A. Connor

Learn about how a judge may maintain control of the courtroom in cases involving pro per defendants.


'Special justification' and punitive damages

Mar. 24, 2017
By Rex Heeseman

More clamor for larger awards of punitive damages? The "battle" may turn on the presence (or not) of a "particularly egregious act" or "extreme reprehensibility."

general/Constitutional Law

Searching a probationer's electronic devices

Mar. 17, 2017
By Alison M. Tucher

Under what circumstances do the Constitution and case law allow warrantless searches of electronic devices owned by probationers or parolees?

general/Legal Malpractice

A statute of limitations ruling favoring lawyers

Mar. 10, 2017
By Dan L. Stanford

The court's opinion correctly points out that neither the subjective belief of the client nor the formal act of withdrawing are alone sufficient to conclude when the relationship ended.

general/Legal Malpractice

Knock knock! State Bar special master at your door

Mar. 3, 2017
By Jonathan A. Goldstein

Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for carrying out search and seizures of evidence in possession of or under the control of attorneys, physicians, psychotherapists and clergy members.


Independent Contractors

Mar. 1, 2017

Determining the true status of someone labeled as "independent contractor" is a complex inquiry, and a lot of money often rides on the result


Interrogatories and demands to produce

Feb. 27, 2017
By Patricia M. Lucas, Gary Nadler

Earn MCLE learning about interrogatories and demands to produce documents.

general/Civil Procedure

Max out joint defense agreements

Feb. 24, 2017
By J. Randolph Evans, Shari Klevens

In the past, litigation typically involved only one plaintiff and one defendant. Modern litigation, however, tends to be far more complex, involving multiple parties, parent corporations, affiliated entities, insurers and sometimes "angel" funders.


Experts and hearsay rules: cross versus direct

Feb. 17, 2017
By Lawrence Riff

Review the basics involving hearsay and experts. The key points: (1) The rules are different on direct vs. cross; and (2) the rules on direct have changed in a big way.