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Judges and Judiciary

A voir dire questionnaire to shorten jury trials

Jan. 12, 2022
By Richard Fruin

Using a questionnaire, I am usually successful in swearing in the jury and the alternates on the first day of trial. Sometimes...


Civil Rights

Title IX at 50

Jan. 12, 2022
By Phyllis W. Cheng

2022 marks the 50th Anniversary of Title IX, a groundbreaking federal law that has significantly expanded educational opportun...


California Courts of Appeal, Civil Litigation, Probate

Tangled rules for modification of revocable trusts

Jan. 12, 2022
By Mark J. Phillips, Jake V. Phillips

Last year an appellate court clarified some 30 years of conflicting caselaw on the procedure for amending trust documents, but...


Law Practice

How does the US legal system rank internationally?

Jan. 11, 2022
By Merete Rietveld

While the United States performs strongly in certain areas, it falls behind in the civil justice and criminal justice categories.


Alternative Dispute Resolution, Law Practice

Attorneys have to have many difficult conversations with clients; sometimes it can be tough to get a client to moderate their ...


California Supreme Court, Civil Litigation

Breadcrumbs or apple seeds?

Jan. 11, 2022
By Brian M. Hoffstadt

Some (but not all) judges on occasion seem to place language in their opinions that can serve as breadcrumbs (because the lang...


Law Practice

Talking to strangers: Lessons for lawyers

Jan. 10, 2022
By Syed H. Mannan

Although even judges are only slightly better than chance at calling a lie, both lawyers and judges can improve their ability ...


Covid Columns, Covid Court Ops, Judges and Judiciary, Law Practice

COVID-19: Will things ever return to ‘normal’ in California courts?

Jan. 10, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Last week, the Central District of California announced the suspension of civil and criminal jury trials.


Law Practice

Taking a difficult dispute to trial

Jan. 10, 2022
By James D. Crosby

Sometimes, mediation and/or arbitration simply will not do; you have to get ready for trial.


Judges and Judiciary, Letters

The reason is simple. Ballot designations.


California Courts of Appeal, Civil Litigation, Torts/Personal Injury

The 4th District Court of Appeal recently recognized that the breadth of the Elder and Dependent Adult Civil Protection Act an...


Constitutional Law, Government

The U.S. Senate’s filibuster rule looms large, threatening to stymie both the John Lewis Voting Rights Act and President Joe B...


The number of Californians who drive under the influence of drugs or while intoxicated remains high — even amid a global pande...


Law Practice

In my experience, few large multimillion-dollar fee disputes ever reach trial or arbitration hearing. They settle, like the va...


2021 in Review: Cases Involving Lawyers

MCLE
Jan. 6, 2022
By Alex A. Graft, Kenneth C. Feldman

In these polarizing times, civility is too often lacking -- and in 2021, California appellate courts made clear they were not ...


Criminal, Military Law

What appellate courts have said about Penal Code Section 1170.91


Appellate Practice, Law Practice

The Collateral Order Doctrine

MCLE
Jan. 5, 2022
By Gary A. Watt, Rosanna W. Gan

In California, the one final judgment rule is primary. However, there are exceptions -- for example, if an order is “collatera...


Ethics/Professional Responsibility, Law Practice

Set new habits in 2022

Jan. 5, 2022
By Shari L. Klevens, Alanna G. Clair

A few “resolutions” for attorneys aimed at fixing five bad habits that are all too common and that can create unnecessary risk...


Health Care & Hospital Law, U.S. Supreme Court

The U.S. Supreme Court should hold that the challenges to the Biden administration’s unconstitutional, extra-statutory, and ar...


Books, Entertainment & Sports, Law Practice

For tonight’s movie, we’re suggesting you stream “Inherit the Wind,” the classic 1960 film about the 1925 Scopes Monkey trial.


Bankruptcy, Civil Litigation

Court unravels Purdue bankruptcy plan protecting Sacklers

Jan. 4, 2022
By David S. Kupetz, Victor A. Sahn

In a recent appellate decision vacating Purdue Pharma’s confirmed chapter 11 bankruptcy plan of reorganization, the U.S. Distr...


California Courts of Appeal, Civil Litigation, Construction

Unlike a deed of trust, a mechanics lien is an involuntary lien against real property. Any by “involuntary.” I mean you have n...


Law Practice, Torts/Personal Injury

Accidental injury is America’s number three cause of death — you could call it our country’s other, less-talked-about pandemic...


Appellate Practice, Judges and Judiciary

The 2021 Appellate Year in Review

Jan. 4, 2022
By Benjamin G. Shatz

Now’s the time for all those year-end retrospectives, so why not an appellatey annual review?


Judges and Judiciary, Law Practice

My New Year’s Resolutions for 2022

Jan. 3, 2022
By Arthur Gilbert

Will try to be optimistic about the future. Sorry, I can only try. But I can be certain about a resolution that is an acknowle...


Appellate Practice, California Courts of Appeal, California Supreme Court

Ongoing delays in the Court of Appeal have exposed weak links in the protections that were devised in response to a California...


Appellate Practice, Law Practice

When ‘the facts’ are not the facts

Jan. 3, 2022
By Myron Moskovitz

Most lawyers think you win appeals with erudite dissertations on the law. Not me. The law matters, but the facts matter more.


Law Practice

How I joined the Great Resignation

Jan. 3, 2022
By Heather Meeker

By the time you read this I will be gone — from big law.


Constitutional Law, U.S. Supreme Court

Takings law potpourri in 2021

Dec. 30, 2021
By Michael M. Berger

It is December, and everyone takes stock of what has transpired during the past year. Why should we be different? We have had ...


9th U.S. Circuit Court of Appeals, Environmental & Energy

9th Circuit’s top 10 environmental law decisions of 2021

MCLE
Dec. 30, 2021
By Richard M. Frank

This year, the Court of Appeals maintained its role as one of the most prodigious sources of key environmental law decisions.