Questions of arbitrability after Henry Schein
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?
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
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
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
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...
The California Supreme Court, it should heed its own advice from March 2018 and recognize that clemency “exists to afford reli...
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’
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
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
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
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
Proposed WOTUS rule cannot simply ignore past findings
By John H. Minan
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
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'
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
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 growing rapidly... and susceptible to bugs
By Chris C. Schwarz
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
Kavanaugh says ‘wholly groundless’ arbitration motions trump access to the courts
By Eric J. Buescher
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
Copyright dispute over ‘Friday the 13th’ provides ‘work-for-hire’ lessons
By Pierre B. Pine
A federal district court recently declared screenwriter Victor Miller the sole owner of the copyright in the screenplay to the...
Labor/Employment
Law roundup: contractors liable for unpaid wages and benefits of subcontractors’ workers
By JoLynn M. (Pollard) Scharrer
Specifically, Assembly Bill 1701, codified at Section 218.7 of the Labor Code, requires general contractors to ensure that the...
Real Estate/Development
Law roundup: New and Improved Housing Accountability Act
By Sheri L. Bonstelle
New provisions give the act the teeth it needs to hold local governments accountable to approve much-needed housing development
Labor/Employment
Tips for Responding EEOC complaints: ‘Eye for an eye’ can get an employer sued
By Miranda R. Watkins
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?
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
Attorney fees are costs in trial court but not on appeal
By Gary A. Watt
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
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
How have Brown’s appointees changed the Supreme Court?
By Kirk Jenkins
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
Nudge statutes and demurrer filings at Stanley Mosk Courthouse
By Richard L. Fruin
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
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
Looking ahead: What’s in store for patent law in the new year
By Darren Donnelly
The former patent examiner, Albert Einstein, is credited with having told reporters, “I never think of the future, it comes so...
Last year once again saw courts addressing key insurance issues.
Letters, Labor/Employment, Corporate
California Lawyers Association should address glaring noncompete issue
By Stacey Olliff
I am writing regarding the excellent article “Does Section 925 reinforce or weaken policy against noncompetes?” in the Jan. 7,...