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Questions of arbitrability after Henry Schein

Jan. 18, 2019
By Cary D. Sullivan, Maura C. Pennington

The Supreme Court recently held that the Federal Arbitration Act contains no “wholly groundless” exception to the threshold qu...


Civil Litigation, Law Practice, Alternative Dispute Resolution

Are fees for voluntary mediation recoverable costs?

Jan. 17, 2019
By Steven H. Kruis

It is no longer an “alternative dispute resolution process,” but the primary method of case resolution in civil matters. As su...


Law Practice

Top 2018 cases involving attorneys as defendants

Jan. 17, 2019
By Kenneth C. Feldman, Alex A. Graft

While 2018 may not have distinguished itself as a landmark year for cases concerning attorneys as defendants, it did lay the g...


Letters, Labor/Employment

PAGA is good for employees and employers

Jan. 17, 2019
By Norman B. Blumenthal

Our country is one created with a system of checks and balances. The Private Attorneys General Act is the most recent incarnat...


Family, California Courts of Appeal

Due process vs due payment in family court

Jan. 17, 2019
By Jeffrey P. Blum

Paternity support cases sometimes require a mother to pursue a father living in another state for non-payment of child support...


Criminal, California Supreme Court

Why undermine executive clemency?

Jan. 17, 2019
By Rachel Barkow

The California Supreme Court, it should heed its own advice from March 2018 and recognize that clemency “exists to afford reli...


Law Practice

As an individual trained to be an advocate, as I become more mature I have fewer opinions to offer. When I was younger, I used...


U.S. Supreme Court, Judges and Judiciary, California Courts of Appeal, Appellate Practice

Judicial opinions must ‘show their math’

Jan. 16, 2019
By Brian M. Hoffstadt

It’s true that sometimes appellate opinions can be too long, but actually making them shorter is a complex, nuanced and timely...


9th U.S. Circuit Court of Appeals

9th Circuit in review: The top civil cases of 2018

Jan. 16, 2019
By James Azadian, Tian Wei (Kathryn) Han

With the new year upon us, it seems appropriate to reflect on the 9th U.S. Circuit Court of Appeals’ significant cases decided...


U.S. Supreme Court, Constitutional Law

Postponing the Controversial

Jan. 15, 2019
By Erwin Chemerinsky

The most important characteristic of this U.S. Supreme Court term is the issues that are not being heard. At its conference on...


Criminal, California Supreme Court, California Courts of Appeal

Reducing the disability of poverty in our criminal justice system

Jan. 14, 2019
By Jeffrey A. Aaron, Robert Smith

Two recent cases mark a trend in which California courts recognize that wealth and poverty have increasingly resulted in two d...


Environmental & Energy, Administrative/Regulatory

The Trump administration, at the direction of the president, has charted a new course on federal water pollution law.


Law Practice, Alternative Dispute Resolution

New mediation rule has narrow safe harbor

Jan. 11, 2019
By Robert B. Jacobs

The language used by the Legislature in the new mediation confidentiality rule is very, very specific.


U.S. Supreme Court, 9th U.S. Circuit Court of Appeals

Excessive force ruling was 'erroneous and puzzling'

Jan. 11, 2019
By Nicole R. Roggeveen

Calling the 9th Circuit’s ruling both “erroneous” and “puzzling,” the Supreme Court ordered a fresh look at this case and the ...


Health Care & Hospital Law, Administrative/Regulatory

Key information about alcohol and drug abuse treatment facility law

Jan. 11, 2019
By Paul A. Gomez, Rick Rifenbark

The Substance Use Disorder Patient Protection Act prohibits licensed or certified alcoholism or drug abuse recovery and treatm...


U.S. Supreme Court, Entertainment & Sports

Wagering on esports is quite similar to wagering on traditional sports played on courts, fields, tracks and ice rinks: You pic...


U.S. Supreme Court, Civil Litigation, Labor/Employment

While this is Justice Kavanaugh’s first decision for the court, the unanimity of the justices demonstrates how far in favor of...


Intellectual Property, Entertainment & Sports

A federal district court recently declared screenwriter Victor Miller the sole owner of the copyright in the screenplay to the...


Labor/Employment

Specifically, Assembly Bill 1701, codified at Section 218.7 of the Labor Code, requires general contractors to ensure that the...


Real Estate/Development

New provisions give the act the teeth it needs to hold local governments accountable to approve much-needed housing development


Employees who "participate" in protected activity or "oppose" unlawful acts are protected. If you're thinking this definition ...


Family

Is the California Family Code going to the dogs?

Jan. 9, 2019
By Marlo Van Oorschot, Cara L. Boroda

For family law lawyers, love can indeed be a battlefield; a battlefield filled with real estate, children, jewelry, IRAs, and,...


Civil Litigation, California Courts of Appeal, Appellate Practice

A recent decision holds that an appellate court's denial of "costs" does not preclude an award of attorney fees -- a holding t...


U.S. Supreme Court, Military Law, Government

Sexual trauma in the military

Jan. 9, 2019
By Eileen C. Moore

Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...


Judges and Judiciary, California Supreme Court, Appellate Practice

Today, we move on to part 2 of our series — Justice Leondra R. Kruger, who succeeded Justice Joyce L. Kennard on Jan. 5, 2015.


Judges and Judiciary

For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...


Civil Litigation, Labor/Employment

Employers bring PAGA lawsuit

Jan. 8, 2019
By Tina Tellado, Deisy Castro

Lawsuits filed under California’s Private Attorneys General Act are nothing new. What is new and noteworthy is a group of empl...


Intellectual Property

The former patent examiner, Albert Einstein, is credited with having told reporters, “I never think of the future, it comes so...


Insurance

Looking back: Key insurance decisions from 2018

Jan. 8, 2019
By Kirk A. Pasich

Last year once again saw courts addressing key insurance issues.


Letters, Labor/Employment, Corporate

I am writing regarding the excellent article “Does Section 925 reinforce or weaken policy against noncompetes?” in the Jan. 7,...