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Insurance, Entertainment & Sports

Feel the LOV

Feb. 23, 2023
By Frank N. Darras

The unique insurance option protecting college players off the field.


U.S. Supreme Court, Torts/Personal Injury

Fox maintains it is protected by fair reporting principles and that the statements of opinion are not legally defamatory.


Environmental & Energy, Administrative/Regulatory

Those responsible for short-circuiting the local air district’s permit process and firing up the generators are subject to fin...


Torts/Personal Injury, Health Care & Hospital Law

It is not uncommon for someone who has suffered a mild traumatic brain injury to have a “normal” CT scan or even MRI after the...


Torts/Personal Injury, Ediscovery

Even seemingly ordinary negligence cases should be investigated immediately or referred to counsel with the experience, time, ...


Litigation & Arbitration, Contracts

Delegating unconscionability to the arbitrator

Feb. 22, 2023
By Gary A. Watt, Patrick Burns

A recent decision serves as a reminder to litigants about the potential impact of specific language in arbitration clauses, an...


State Bar & Bar Associations

My participation in Blue Ribbon Commission meetings has given me the general impression that most of the members of the BRC ar...


Judges and Judiciary

JUDGING BAD GUYS. Part I: The Problem

Feb. 21, 2023
By Myron Moskovitz

Courts tend to rule against Bad Guys just because they are Bad Guys. But at the same time don't our courts go out of their way...


Letters

Limiting biases could lead to more bias

Feb. 21, 2023
By Mark B. Baer


Government

With the filing period rapidly approaching, a large crop of potential candidates is already mustering to enter the fray.


Civil Litigation

Common and brutal mistakes in taking depositions

Feb. 21, 2023
By Garth M. Drozin

Challenging the deponent: You want a deponent to loosen up, like or trust you, and talk freely, even beyond the scope of your ...


Torts/Personal Injury

Wheelstop trip-and-fall: a different type of case

Feb. 17, 2023
By Michael Shemtoub

Interestingly, the engineering community advises against wheelstops because on several occasions they fail to serve a function...



Consumer Law, Civil Litigation, Bankruptcy

Johnson & Johnson’s Texas two-step fail

Feb. 17, 2023
By Catherine E. Bauer

This was always about J&J wanting litigation advantage. This was about protecting J&J‘s brand. This was about stopping...


Civil Litigation, 9th U.S. Circuit Court of Appeals

A serial litigant’s intent to return may not be rejected “simply because” he is a serial litigant who brings numerous ADA cases.


The IRS said that given the complicated fact-specific nature of evaluating these payments for federal tax purposes, it was rul...


Education Law, Criminal

Creating a prison to university pipeline

Feb. 16, 2023
By Keramet Reiter, Katie Tinto

Not only does education dramatically reduce recidivism, but it is significantly cheaper than incarceration.


Tax, Real Estate/Development, Government

City of LA mansion tax faces serious equal protection scrutiny

Feb. 16, 2023
By Jeffrey Dintzer, Matt Hedstrom

A recent lawsuit asserts that the tax fails to provide any rational basis for differing treatment of different “classes” under...


Judges and Judiciary, Ethics/Professional Responsibility

Biased judges can undermine justice

Feb. 16, 2023
By Arash Homampour

When a judge’s unconscious or implicit biases affect decisions and actions in court, they can compromise the fair and impartia...


Civil Litigation

Frequency analysis in settlement

Feb. 15, 2023
By Curtis E.A. Karnow

Frequency analysis gives the mediator a variety of ways to tweak the numbers to suggest to the parties that their gut estimate...


Law Practice, Appellate Practice

Shorter is better

Feb. 15, 2023
By David M. Axelrad

Briefs within the current California limits – 14,000 words for principal briefs and 28,000 words for combined briefs in a cros...


Ethics/Professional Responsibility

Don’t jeopardize your fee

Feb. 15, 2023
By John B. Sullivan

A review of ethical issues that can put your fees at risk.


Government

It’s a bird, it’s a plane… It’s a super statute

Feb. 14, 2023
By Brian M. Hoffstadt

Sometimes, the potential clash between new Legislature-enacted laws and prior voter initiatives is obvious, and the Legislatur...


Judges and Judiciary, Civil Procedure

End extreme forum shopping

Feb. 14, 2023
By Erwin Chemerinsky

Not surprisingly, conservatives challenging Biden administration policies choose to file in a division where there is just one...


Real Estate/Development, Land Use

Health and safety receiverships are a legal remedy to repair major nuisance properties and increase affordable housing.


Wills, Estates & Trusts, Tax

The estate tax is voluntary

Feb. 13, 2023
By Bruce Givner, Owen Kaye

Good estate tax planning is good creditor planning.


California Supreme Court

California Supreme Court Review: January 2023

Feb. 13, 2023
By Alexis S. Coll, Nicole J. Kim

The California Supreme Court's recent decision, Yahoo Inc. v. National Union Fire Insurance Company of Pittsburgh, articulated...


Labor/Employment, Covid Columns

Post-COVID accommodations may still be reasonable

Feb. 13, 2023
By Kamran M. Shahabi

Employers must now consider accommodation requests that reflect the workplace changes wrought by COVID. The world may have bee...


Ethics/Professional Responsibility

Avoiding ethical snares when defending depositions

Feb. 10, 2023
By Alanna G. Clair, Shari L. Klevens

It is helpful to review the relevant rules governing the scope of depositions and the nature of permissible objections before ...


Criminal

Girardi is already confined to an assisted living location. Moving him to another, even if it is prison, will not inflict much...