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Torts/Personal Injury

Court applies the brakes to scooter company’s arguments

Apr. 25, 2023
By Michael E. Rubinstein

In ruling against Bird Rides, Inc., the Court of Appeal affirmed that scooter companies owe the public a general duty of care ...


Ethics/Professional Responsibility, Family

It is somewhat perplexing that many good family law attorneys recommend challenging a premarital agreement which is not in the...


Constitutional Law

The Fifth Circuit’s argument brushes aside the fact that millions of women have safely taken mifepristone without requiring me...


Bankruptcy, Native Americans, U.S. Supreme Court

The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.


Government, Torts/Personal Injury

Nobody should “treat” themselves to cancer

Apr. 25, 2023
By Vineet Dubey

A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...


Judges and Judiciary, Technology

Why we write

Apr. 24, 2023
By Michael C. Kelley

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 ...


Alternative Dispute Resolution, Insurance

It is easy to look past the human impact of litigation when you deal with hundreds of claims on a daily basis – making it impo...


Government

In post-trial motions and on appeal, there will likely be arguments that the funneling of funds through USC is not a “thing of...


Alternative Dispute Resolution, Class Action

When a global settlement of a case involving multiple plaintiffs results in an undifferentiated pot of money, lawyers should c...


Alternative Dispute Resolution, International Law

The New York Convention serves as the backbone of international arbitration, as there is currently no international treaty req...


Civil Litigation, Torts/Personal Injury

Res Ipsa Loquitur: How presumptuous!

MCLE
Apr. 21, 2023
By Reza Torkzadeh, Allen P. Wilkinson

Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...


Environmental & Energy, Government

IRA short on rules when it comes to shaping climate policy

Apr. 21, 2023
By Daniel Carpenter-Gold

The question for the massive new federal climate bills isn’t how much money there is, but how we use it.


The practical impact of a ruling reversing the Seventh Circuit will not likely result in a sea change in the False Claims Act ...


Entertainment & Sports

Stream it Tonight! The Wrong Man (1956)

Apr. 21, 2023
By Paul Bergman, Michael Asimow

Eyewitness identification experts use the term “weapon-focus” to denote the phenomenon that witnesses tend to pay more attenti...


Civil Litigation, Torts/Personal Injury

Did Dominion dominate Fox?

Apr. 20, 2023
By Douglas E. Mirell

Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...


Entertainment & Sports, Torts/Personal Injury

NIL on the Hill

Apr. 20, 2023
By Frank N. Darras

While the ideologies and politics of each state vary between conservative, liberal and independent, they all understand the po...


Twitter subpoenas may be on the way, but it is unclear how a person serving a subpoena could be sure it was received, or wheth...


The interesting phenomenon here is that the verdict failed to cause scorn. Instead the tributes to Ridley-Thomas flowed freely...


It’s not as if the CJP needs more time to determine the facts. The CJP’s investigative staff completed their work well before ...


Torts/Personal Injury

Fox News’ $787.5 million settlement signals a new world of defamation and news delivery

Apr. 19, 2023
By Joseph W. Cotchett Jr., Paul N. "Pete" McCloskey

Clearly Fox must have felt the jury would not believe the good faith of the reporting based on many internal documents and sta...


State Bar & Bar Associations

The State Bar has corrected the unfair treatment of lawyers, but failed to protect the public from worse treatment by lawyers,...


Wills, Estates & Trusts

This article discusses the legal significance of the "rather worrying piece of paper" uncovered in the latest episode of the h...


Entertainment & Sports

Despite their intense courtroom battle, John Kerr and Browne Greene developed a deep mutual respect and admiration for each ot...


U.S. Supreme Court

The major question doctrine: a positive view

Apr. 19, 2023
By Roderick E. Walston

The doctrine preserves Congress’ power while preventing courts from interpreting a statute in a particular way based on a thin...


Administrative/Regulatory, Government, Health Care & Hospital Law

Although the Comstock Act has been amended numerous times since 1893, the anti-abortion prohibition language has remained the ...


The law allows a county prosecutor to bring an action to enjoin a business from violating the laws of the state, so a single p...


Contracts, Insurance

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...


Alternative Dispute Resolution, Civil Litigation

It is hoped that there will be a petition for review and that the Supreme Court takes up the invitation to clarify this recent...