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Civil Rights, Government, U.S. Supreme Court


Government, Health Care & Hospital Law

Drug reimbursement rates to hospitals must be equal

Jun. 27, 2022
By Benjamin J. Fenton

Absent surveys that identify hospital drug acquisition costs, the Department of Health and Human Services has no right to with...


Constitutional Law, U.S. Supreme Court

Increased violence simply hasn’t been the result in the 43 states, nor in the two-thirds of California counties where licenses...


Alternative Dispute Resolution, International Law

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


Ethics/Professional Responsibility, Government

If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...


Government, Health Care & Hospital Law

At the end of the day, this case was not about the policy behind the 340B Drug Pricing Program or the limits of judicial defer...


International Law

The Arctic in the new Cold War

Jun. 24, 2022
By Joseph Dimento

Russian actions are of immense importance to the sustainability of the Arctic. Russia is a coastal state for a major sea route...


Antitrust & Trade Reg., Labor/Employment

Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain ...


Entertainment & Sports

Stream it Tonight! North Country (2005)

Jun. 24, 2022
By Michael Asimow, Paul Bergman

North Country was based on the real case of Jensen v. Eveleth Taconite Co. in the federal district court in Minnesota.


Ethics/Professional Responsibility, Government

Disbarment proceedings should commence immediately

Jun. 24, 2022
By Daniel Broderick

To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyer...


Government, Labor/Employment

For employers in California with appropriately drafted arbitration agreements, this decision alleviates some of the expense of...


Government, Technology

One reason there likely has been no enforcement action is that California consumers who believe they have been harmed by a net...


Government, Health Care & Hospital Law, Military Law

Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...


Tax

The 100% tax audit rate

Jun. 22, 2022
By Bruce Givner

You must also assume the auditor is the Lord Almighty. If you do not believe in the Lord Almighty, substitute the phrase “an o...


Civil Rights, Government

Invoking Section 3 of the Fourteenth Amendment

Jun. 22, 2022
By Erwin Chemerinsky

The Fourteenth Amendment, enacted in 1868 after the Civil War, includes a provision that has received relatively little attent...


Intellectual Property, U.S. Supreme Court


Litigation & Arbitration

Can arbitration be forced on indigent parties?

Jun. 22, 2022
By Gary A. Watt, Erica Kelley

Like it or not, corporations and other financially able parties may, in some cases, have to decide whether the desire to arbit...


Civil Rights, Education Law, U.S. Supreme Court

Pay to Pray or Pray to Play?

Jun. 22, 2022
By Mitchell Keiter

The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment

Viking River Cruises to easy victory

Jun. 21, 2022
By Steven B. Katz

Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...


Data Privacy, Insurance

Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.


Appellate Practice, Law Practice

Appellate delay: the Judicial Council moves forward

Jun. 21, 2022
By Jon B. Eisenberg

It is a common misconception that someone who submits a complaint to the Commission on Judicial Performance must maintain conf...


Immigration, U.S. Supreme Court

U.S. Supreme Court hands immigrants a rare victory

Jun. 21, 2022
By Eli M. Kantor, Jonathan D. Kantor

One of the most daunting issues for non-citizens seeking to become permanent residents or green card holders has been: whether...


Entertainment & Sports, Government

Nuremberg: The Movie

Jun. 20, 2022
By Myron Moskovitz

In the hands of the right producer, it would garner Oscars, a legacy and big bucks.


Ethics/Professional Responsibility, Government, U.S. Supreme Court

Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...


Labor/Employment

Needless to say, this will likely not be “the last word” on the issue of arbitrability of PAGA claims under California law.


California Supreme Court, U.S. Supreme Court

The secret to SCOCA’s consensus

Jun. 20, 2022
By David A. Carrillo, Stephen M. Duvernay


Constitutional Law, U.S. Supreme Court


Litigation & Arbitration

The mandatory arbitration wall is starting to crack

Jun. 17, 2022
By V. James DeSimone

Mandatory arbitration clauses have become a fixture of employment agreements, buried in the numerous forms that need to be sig...


Labor/Employment

PAGA has long been exploited by money-hungry trial attorneys to the detriment of California’s business owners.