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California Courts of Appeal, Civil Rights, Government, U.S. Supreme Court

Vote dilution under state law is the issue before the California Supreme Court, specifically what a plaintiff must prove “to e...


With less than 5% of the Office’s 500 attorneys devoted to affirmative litigation, the next City Attorney is poised to dramati...


Appellate Practice, Law Practice, Legal Education

Passim, and its abolition

Apr. 29, 2022
By Michael J. Raphael

When that rule change goes into effect, it will terminate the use of passim in the nation’s highest court. But there is someth...


Ethics/Professional Responsibility, Litigation & Arbitration

The most important question

MCLE
Apr. 28, 2022
By Fred Bennett

Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...


Trump appointed fifty-four federal appellate judges in his four years in office, one short of the fifty-five nominated by form...


Legal Education

Death in the Pass: An 1851 Melodrama

Apr. 28, 2022
By John S. Caragozian

A battle seemed inevitable until, by happenstance, a column of 50 U.S. Cavalrymen on a routine march from San Diego arrived in...


When proceedings move online, they become less formal. With less formality comes less worry about everything from performance ...


Litigation & Arbitration

The parties bargained for arbitration, and, in turn, a different set of rules.


Labor/Employment

When SB 826 was enacted, 29 percent of California public companies had no women on their boards. By March 2021, the percentage...


State Bar & Bar Associations

Towards a Tougher State Bar Audit

Apr. 27, 2022
By Antonio R. Sarabia II

It seems the audit is more likely to lead to agency bloat than improved efficiency.


Government, Land Use, Real Estate/Development

Someday your price will come? Really?

Apr. 27, 2022
By Michael M. Berger

The government got its project. In the process, private property was taken. After a trial, that property was valued, and the g...


Appellate Practice, Law Practice

Demystifying Conservatorship

MCLE
Apr. 26, 2022
By Matthew D. Kanin

Current conservatorship law neither implies nor requires a finding that a person is wholly incompetent. Eligibility for conser...


Environmental & Energy, Litigation & Arbitration

Just last year, the Fifth District Court of Appeal issued a decision in Antelope Valley Groundwater Cases v. Los Angeles Count...


Health Care & Hospital Law, Torts/Personal Injury

The result was a family who now cannot assert claims for punitive damages against a health care provider who engaged in horrif...


Appellate Practice, Labor/Employment, Law Practice

Going forward, courts will likely consider new circumstances, and given the exponential increase in volume of remote work, new...


Government, Land Use, Real Estate/Development

Forced sale of public nuisance property not a taking

Apr. 25, 2022
By Bradford B. Kuhn, Jillian Friess Leivas

On appeal, the Court explained that while the government must pay when it takes private property, including a lien, there is a...


Appellate Practice, Law Practice

Poking holes in CDA Section 230 immunity

Apr. 22, 2022
By Douglas E. Mirell

Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...


True gifts are not income the IRS can tax, but the line between what is income and what is a gift is sometimes disputed.


President Biden has proposed what he calls the “Billionaire Minimum Income Tax” as part of his new budget. The title is a misn...


Torts/Personal Injury

In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.


By asking the Legislature to change the College’s name, its Board of Directors is attempting to impair the contract that creat...


Appellate Practice, Judges and Judiciary, Law Practice

Appellate review of the failure to exercise discretion

Apr. 21, 2022
By David M. Axelrad

When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...


Data Privacy, Government

One of the most interesting pieces of legislation that ought to have a chance of passage is S.500 – a bipartisan bill that wou...


Government, Judges and Judiciary

Victims are traumatized by crime. When the elected prosecutor tramples their rights and abandons them, they are traumatized a ...


Appellate Practice, Law Practice

CPRA series: Part II - Consumer rights

MCLE
Apr. 20, 2022
By Ron Raether, Kamran Salour

The CPRA modifies the rights afforded to California residents under the CCPA and creates new rights, such as the right to limi...


Judges and Judiciary, Technology

Bring transparency to our prison system!

Apr. 19, 2022
By James P. Gray

As an example, one of my correspondents wrote to me that he is Jewish, and he had heard that some fellow inmates who were skin...


Appellate Practice, Law Practice

The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...


Appellate Practice, Judges and Judiciary, Law Practice

Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...


Entertainment & Sports

Stream It Tonight! The Talk of the Town (1942)

Apr. 19, 2022
By Paul Bergman, Michael Asimow

Law is more than words on a page; its spirit must be engraved on our hearts. Many decades later, this speech still rings true.


Contracts, Letters