Civil Litigation, Government, Torts/Personal Injury
Design immunity doesn’t always shield liability from failure to warn
By Garret D. Murai
There is a separate body of law that butts up against government code design immunity protections, which provides that a publi...
Insurance, Torts/Personal Injury
Liability for injuries caused by domestic animals
By Reza Torkzadeh, Allen P. Wilkinson
If the injuries to or death of a person are due to the actions of an animal that had theretofore been of peaceable disposition...
California Courts of Appeal, Judges and Judiciary
Biting the hand – redux
By Myron Moskovitz
Bring in appellate counsel to consult while the case is still in the trial court if your later and ultimate goal is to ...
Intellectual Property, U.S. Supreme Court
The ones to watch: patent cases this Supreme Court term
By Patrick Maloney, Michelle Armond
Not a single patent appeal was heard last term. This year, some IP cases may get the golden ticket.
Civil Litigation, Judges and Judiciary
Trending: courts bifurcating trials to resolve legal issues
By Louie H. Castoria, Marrianne Taleghani
Judges have been bifurcating trials sua sponte to dispose of legal issues first, which may encourage settlements as to the rem...
So lately grammar, its metamorphosis, something like K’s Metamorphoses, has become de rigueur.
Environmental & Energy, Government, Land Use
CEQA misinformation campaign is distracting, dangerous
By John Buse, Jennifer Ganata
Data shows number of environmental review lawsuits remain low while California communities reap benefits from strong protections
Government, Insurance
Car insurance minimums are changing, adding protections
By Saveena Takhar
California’s current inadequate limits disproportionately impact low-income consumers who may either purchase a minimum-limits...
Entertainment & Sports
Stream it Tonight! Stranger on the Third Floor (1940)
By Michael Asimow, Paul Bergman
Surely many witnesses have second thoughts when their testimony results in harsh sentences, and some jurors may make up their ...
Government
Remote public meeting attendance may outlast the virus that started it
By Czarmaine Majan
Assembly Bill 2449 allows members of a legislative body to participate via teleconferenced meetings outside of a state of emer...
Administrative/Regulatory, Law Practice
New law will make it easier to identify whether court reporter is legitimate
By Mary E. Pierce
Assembly Bill 156, signed by Governor Newsom on Sept. 27, will help attorneys and consumers recognize whether they have a lice...
Environmental & Energy
Sackett v. U.S. Environmental Protection Agency: When are waters wetlands?
By Michael J. Van Zandt
The question presented, as formulated by the Court is: "Did the Ninth Circuit set forth the proper test for determining whethe...
Appellate Practice, Ethics/Professional Responsibility, Law Practice
Matchmaking between lawyers and clients
By David M. Majchrzak, Heather L. Rosing
Although running or capping can be criminal activity subject to fines and imprisonment, they also carry other potential conseq...
Bankruptcy, Judges and Judiciary
Where can I do the Texas two-step in bankruptcy court?
By Catherine E. Bauer
While it may not be obvious at first glance, the Texas Two-Step cuteness and other similar bankruptcy ploys that scream bad fa...
A lawyer like Rich Hutton comes along once in a lifetime. All we can do to pay tribute to him is to practice law like he did –...
U.S. Supreme Court
Supreme Court’s conservatives may empower California
By Nathan Townsend
Achieving the long-sought jurisprudential objective of eliminating the dormant Commerce Clause would enable California, with i...
Antitrust & Trade Reg.
Defining fiduciary duties in private funds
By Sara L. Terheggen
At its simplest formulation, the duty of loyalty is focused predominantly on conflicts of interest.
Civil Litigation
The complexities of nursing home abuse litigation
By Mike Arias, Robert Partain
The World Health Organization (WHO) estimates that one in six people aged 60 years and older experiences some form of abuse in...
Contracts, Government, Real Estate/Development
Apartment owners prevail in COVID-19 test
By Michael M. Berger
The Contract Clause analysis was interesting because such challenges have traditionally faced upstream battles. Here, however,...
Marshall’s most famous case arose in 1947 when a former babysitter for the Marshall family, Andrea Perez, and her fiancé Sylve...
Insurance
Are consumer protection or false advertising claims covered by insurance?
By Peter S. Selvin
For example, coverage for such claims under a CGL policy is unlikely because an insured’s false representation or false advert...
Labor/Employment
Does disaggregation reveal race-based disparities among Blacks and African-Americans in the workplace?
By Rodney S. Diggs
In The Color of Wealth in Los Angeles report, it was estimated that Black Americans in Los Angeles have a median wealth of $4,...
Family, Labor/Employment
Striving for spousal equity: returning to complex litigation after paternity leave
By Alex J. Tramontano, Betsy Manifold
Erin and I made the decision to delay having children and then found it very difficult to conceive. Once we conceived, our wor...
Constitutional Law
Supreme Court to review corruption cases
By Agustin D. Orozco, David Griffith
The Supreme Court will again review prosecutors’ attempts to utilize the federal wire and honest services fraud statutes to ex...
The possibility that the IRS can audit forever is chilling. The potential for large civil penalties and perhaps even criminal ...
California Supreme Court, Environmental & Energy
Swimming with the bees
By Michael J. Raphael
The Chief Justice is telling us, I think, that the issue in the case is not simply whether, in ordinary parlance, bumble bees ...
Entertainment & Sports, Government, Labor/Employment
What artists, influencers and brands need to know
By Esra A. Hudson, Mackenzie B. Pearson
The primary difference between SB 62 and the similar legislative reform efforts that came before it is the law’s dramatic expa...
Tax
What the Inflation Reduction Act really means for IRS tax enforcement
By Steven R. Toscher, Philipp Behrendt
The fear that suddenly an armed IRS force combing through neighborhoods to collect taxes is completely unfounded, as the IRS C...
Criminal, Government
SB 1304 won’t reduce crime, but should be signed anyway
By Mario A. Paparozzi
Marketing SB 1304 as a public safety measure is wrong. The reasons for criminal behavior are complicated and driven by a varie...
Contracts, Family
Celebrities should have a will (or a trust) of their own
By Clifford L. Klein
Even with planning, the estates of artists and other creators can present complex valuation problems because of the unique nat...