U.S. Supreme Court, Constitutional Law
For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...
Contracts, California Courts of Appeal
Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...
Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...
Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...
Judges and Judiciary
The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...
The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...
The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...
Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...
The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...
Treatment courts work. They work because they intelligently apply public health best-practices and clinical wisdom to help the...
The difference between SIRs and deductibles is that “the policy limits apply on top of the SIR,” but a deductible “reduces the...
Constitutional Law, Cannabis
As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...
The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...
Bankruptcy
Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.
U.S. Supreme Court
The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization i...
U.S. Supreme Court, Native Americans, Bankruptcy
The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.
A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...
Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...
Wills, Estates & Trusts
The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...
Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...
Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...
The doctrine preserves Congress’ power while preventing courts from interpreting a statute in a particular way based on a thin...
The “genuine issue” or “genuine dispute” doctrine is a product of California case law. The doctrine has evolved and mutated ov...
A comparison of ChatGPT and Bard, and a discussion about the usefulness and limitations of each. By Paul Kiesel and Jeffrey Ko...
While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...
Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...
The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...
If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...