With any case of first impression, where California statutes are silent on a subject and there is no other positive law, the E...
Myron Moskovitz's September 6 piece Coercing Religion - Part One reignited a flame in me that I expressed back in a 2010 Daily...
Judges and Judiciary
Superior Court summer extern program: an evaluation
By Richard Fruin
The extern experience is intended to introduce law students to the expectations of judges and, more broadly, to the practice o...
Torts/Personal Injury
Plaintiffs lawyers need to keep pace with mass torts defense moves
By Douglas A. Rochen
A tactic widely perceived as mostly fraudulent by the profession is being used by defense counsel in torts claims. If successf...
Government, Real Estate/Development
Closing a habitability exclusion loophole
By Stephen L. Raucher
The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.
Appellate Practice, Law Practice
The Portia Project®: Fifty interviews and 10 lessons
By M.C. Sungaila
Nearly every guest has commented on the need to get out of the office and join the legal, local, or larger community as early ...
Family, Native Americans
The Indian Child Welfare Act is what’s best for kids
By Kathryn Eidmann, Tara C. Ford
Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...
Constitutional Law
A misguided quest for the original understanding
By Erwin Chemerinsky
The Supreme Court’s embracing of originalism is an approach to constitutional law that threatens basic aspects of freedom and ...
Appellate Practice, Law Practice
Street gang scienter through inference difficult to prove
By David J. Cohen
In effect, the majority’s holding contravened the fundamental principle “that mere gang membership and affiliation with gang m...
Contracts
California court excuses performance of COVID-impacted contract
By Dariush Adli
The court’s decision is consistent with California precedent, which long ago merged the common law doctrines of impracticabili...
Government, Health Care & Hospital Law
Gender dysphoria could be an ADA-protected disability
By Kamran M. Shahabi
Employers, having knowledge of an employee’s diagnosed condition, should likely recognize that transgenderism, if associated w...
Appellate Practice, Law Practice
Attorneys as educators
By Paul A. Bacigalupo, Barbara A. Kronlund
As a nation we are experiencing a truly unique moment, and one where we will need to rely on the rule of law to guide us throu...
Insurance
Proving liability in “slip and fall” cases
By Reza Torkzadeh, Allen P. Wilkinson
Only a few cases are brought to trial, and the average settlement for injuries due to a slip and fall on land owned or possess...
Certain persnickety readers, some posing as friends, love to point out spelling and punctuation mistakes (or is it errors?) I ...
Civil Litigation
Defense industry must protect 2011's Howell v. Hamilton Meats
By Robert F. Tyson Jr.
While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...
Don’t forget to prepare your client for mediation
By Peter S. Rukin
Volumes have been written about counsel’s preparation for mediation, but what are the elements of client preparation that best...
Stream it Tonight! I Am Sam (2001)
By Michael Asimow, Paul Bergman
The personalities of the two attorneys are at the core of this excellent film.
Letters
Unanimity at the California Supreme Court: it takes a village
By Jon B. Eisenberg
Appellate Practice, California Supreme Court, Law Practice
Treble damages among a handful of recent important decisions
By Alexis S. Coll, Ariel E. Rogers
In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...
Civil Litigation, Torts/Personal Injury
A pyrrhic victory for class action defendants
By Alexander M. Smith
By reducing the damages award on due process grounds, the court made clear – despite the plaintiff’s insistence to the contrar...
International Law
A glimpse into the Court of Justice of the European Community
By Julie L. Kessler
I would say that 10 years ago women lawyers rarely took time off. Today, women are really considered equal.
Health Care & Hospital Law
Prompt mental health intervention
By Alfonso Estrada, Alexa F. Galloway
On Aug. 15, Kaiser's non-physician, mental-health patient care employees based in Northern California, who are members of Nati...
Appellate Practice, California Courts of Appeal, Law Practice
Hypothetical scenarios don’t create standing
By Garret D. Murai
While splits of authority between Courts of Appeal are rare, splits of authority between divisions of the same Court of Appeal...
Environmental & Energy, Health Care & Hospital Law
Legionnaires’ disease requires comprehensive approach
By Erin Brockovich
Under Senate Bill 1144, California will be doubling down on failed policies that have done nothing to reduce Legionnaires’ Dis...
Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...
Appellate Practice, Law Practice
Limit the risks when working with contract attorneys
By Shari L. Klevens, Alanna G. Clair
Ambiguity regarding the nature of the relationship, the scope of the contract attorney’s work, and/or the applicable ethical o...
Letters
Recent COVID-related business interruption cases in conflict
By Robert S. Gerstein
Government, Labor/Employment
California Lawmakers Eyeing Greater Pay Transparency
By Anne Villanueva, Ryne Posey
If signed into law by Gov. Newsom, SB 1162 would expand the state’s pay data reporting and pay transparency requirements by re...
9th U.S. Circuit Court of Appeals, Appellate Practice, Law Practice
Dicta ain’t necessarily so
By Benjamin G. Shatz, Benjamin E. Strauss
In California, stare decisis extends only to the ratio decidendi of a decision, not to supplementary or explanatory comments i...
Predictably, the widespread use of AI has led to numerous complex legal issues.