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Administrative/Regulatory, Transportation

How to handle FAA enforcement matters, part 2

Jul. 3, 2018
By John T. Van Geffen

So there has been a mishap, now what?


Judges and Judiciary, Law Practice

30 years

Jul. 2, 2018
By Arthur Gilbert

This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.


Constitutional Law, Government, U.S. Supreme Court

With the coming national holiday of self-determination, and national elections beyond, it is a welcome moment to consider demo...


Judges and Judiciary, Law Practice

It Never Happened

Jul. 2, 2018
By Arthur Gilbert

Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...


Appellate Practice, Law Practice, Civil Litigation

Appellate Adventures, Chapter Five: "Which Facts?"

Jul. 2, 2018
By Myron Moskovitz

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Administrative/Regulatory, Constitutional Law, U.S. Supreme Court

Debugging Chevron deference

Jul. 2, 2018
By David DeGroot

In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to re...


California Supreme Court, Labor/Employment, Civil Litigation

Who’s an employee? The impact of Dynamex

MCLE
Jul. 2, 2018
By Dariush Adli

Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...


Immigration, U.S. Supreme Court

Ruling bolsters noncitizens’ ability to apply for cancellation of removal

Jun. 29, 2018
By Giselle Sotelo, Carl Shusterman

A little known decision from the U.S. Supreme Court this month will have a very big impact on immigrants facing deportation.


Real Estate/Development, Government, Immigration

For several years, a Los Angeles landlord tried to force his tenant in a Boyle Heights rent-stabilized apartment to pay an ill...


Constitutional Law, Judges and Judiciary, U.S. Supreme Court

Kennedy: A most strident moderate

Jun. 29, 2018
By Ashutosh Bhagwat

Whatever one may think of Justice Anthony Kennedy's jurisprudence as a whole, there is no doubt that he possessed extremely st...


Government, Immigration

A June 23 headline in the New York Times says it all: “Young Children Taken from Their Parents: It Doesn’t Just Happen to Immi...


Environmental & Energy, Government

California lawmakers consider grid reliability fixes

Jun. 28, 2018
By Brian J. Nese, Sarah E. Kozal

This season the California Legislature is considering several bills that tackle issues related to increased variable energy re...


California Courts of Appeal, Corporate, International Law, Civil Litigation

A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.


9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, U.S. Supreme Court

After NIFLA, we need a principle for disclosure laws

Jun. 28, 2018
By Erwin Chemerinsky

The Supreme Court now will need to figure out a principle for which disclosure laws are unconstitutional compelled speech and ...


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

In an effort to mitigate against the financial impact of stopping mandatory service fees, labor has promoted, and the Califor...


Civil Litigation, U.S. Supreme Court

American Pipe ruling does not apply to successive class claims

Jun. 28, 2018
By John P. Stigi III, John M. Landry

The Supreme Court’s decision in China Agritech offers key insights on the competition arising from multiple class-action filin...


Attorney General Jeff Sessions directed “each United States Attorney’s office along the Southwest Border ... to adopt immediat...


Constitutional Law, Civil Litigation

Takings case is a carnival of constitutional errors

Jun. 27, 2018
By Michael M. Berger

Now and then you come across a case where the underlying facts are so ludicrous you wonder what possessed the defendant to pre...


Government, Immigration, International Law, U.S. Supreme Court

High court travel ban ruling will have broad impact

Jun. 27, 2018
By Gabriel J. Chin

On Tuesday, the U.S. Supreme Court upheld the Trump administration's travel ban in a now familiar 5-4 alignment.


Antitrust & Trade Reg., Civil Litigation, U.S. Supreme Court

It takes two to swipe an AMEX

Jun. 27, 2018
By Jeremy K. Robinson

On Monday, the U.S. Supreme Court reaffirmed both the critical importance — and difficulty — of defining the product market in...


Criminal, Government

Bills aim to change key police practices

Jun. 26, 2018
By Susan Leff

These include (1) a bill intended to limit the use of deadly force by police, (2) a bill requiring online access to local poli...


Administrative/Regulatory

Problems with the California Consumer Privacy Act

Jun. 26, 2018
By Corbin K. Barthold

The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...


California Courts of Appeal, Labor/Employment, Civil Litigation

A Court of Appeal recently reversed an approximate $14 million judgment, concluding that the county was not vicariously liable...


Alternative Dispute Resolution, California Supreme Court, Labor/Employment, Civil Litigation

The California Supreme Court's recent decision immediately made "Chicken Little" headlines, but I think it's important to high...


Criminal, Law Practice, Civil Litigation

Victims and advocates must overcome societal stigma and make do with a patchwork of state laws.


Insurance

Wildfire threats keep consumers from finding insurance

Jun. 26, 2018
By Brian S. Kabateck, Christopher B. Noyes

The season for wildfires is already here and insurance companies are running for the hills, telling homeowners they no longer ...


Administrative/Regulatory, Transportation

Today’s impressive aviation safety record did not happen overnight or by itself.


Ethics/Professional Responsibility, Insurance, Law Practice

Don’t lose your malpractice coverage over reporting mishaps

Jun. 26, 2018
By Shari L. Klevens, Alanna G. Clair

Whether an attorney has insurance coverage for a legal malpractice claim can turn on the attorney’s own knowledge and conduct ...


Intellectual Property, International Law, Civil Litigation, U.S. Supreme Court

WesternGeco: Patent damages know no borders

Jun. 25, 2018
By Alex Chan

Last week, the U.S. Supreme Court overturned the Federal Circuit’s application of the presumption against extraterritoriality ...


Appellate Practice, California Supreme Court, Family

Child custody and the relocating parent

Jun. 25, 2018
By Sarah Hofstadter

It may be time to move away from a precedent set by the California Supreme Court over two decades ago.