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Important and Curious Cases

Important and Curious Cases

Headnotes Jul. 11, 2024: One-sentence summaries of this week’s below-the-fold cases

Last updated on July 11, 2024 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: (Artwork by Randall Holbrook, RNDL.DESIGN.)Read More >>

CCW Permits with Criminal Defense Hero Don Hammond, part 1

Last updated on July 9, 2024 by Tim Kowal
Just because you’re law-abiding doesn’t mean you won’t need a criminal-defense attorney. There are more criminal laws in federal and California state law books than you could read in a decade. (I asked ChatGPT: if you printed them all out, they would be taller than the 24-story AT&T building in San Diego.) Enter Criminal Defense...Read More >>

SCOTUS approves disarmament on restraining orders for “physical safety” but suggests limits

Last updated on June 27, 2024 by Tim Kowal
Restraining orders deprive defendants of their right to possess firearms. They are very easy to get, even against defendants not so violent as Zackey Rahimi, who roughed up his girlfriend and mother of his young child, then fired a gun—at the girlfriend or a bystander was not clear. The girlfriend got a two-year restraining order...Read More >>

An appellate panel overrules—yes, “overrules”—another panel

Last updated on June 13, 2024 by Tim Kowal
Unlike 9th Circuit panels who have no power to disregard other panel decisions, the California appellate courts are free to adopt or disregard other panel decisions. But like the 9th Circuit, state appellate courts have no power to overrule another appellate panel. That role, in California, is reserved to the Supreme Court. And now also,...Read More >>

Criticizing belated policy reversal, 9th Cir. holds fight over LAUSD Covid-19 vaccine mandate is not moot and distinguishes SCOTUS Jacobson ruling

Last updated on June 12, 2024 by Tim Kowal
When the 9th Circuit panel asked counsel at oral argument whether LAUSD was going to reverse its Covid-19 vaccine mandate, counsel did not give a straightforward answer. Then walking out of the courthouse, LAUSD’s counsel turned to plaintiff’s counsel and said, “what are you going to do when we rescind the mandate?” And a few...Read More >>

The appellate court that overruled a supreme court: Part 2 with John Sylvester

Last updated on June 11, 2024 by Tim Kowal
John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. In the previous episode we discussed why it was controversial. (Short version: because the Court of Appeal, sub silentio, thumbed its nose at the Supreme Court and concluded that a missing finding required by statute gives you a an automatic...Read More >>

The appellate court that overruled a supreme court: Part 1 with John Sylvester

Last updated on June 4, 2024 by Tim Kowal
John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. Why was it controversial? Because the Court of Appeal thumbed its nose at the Supreme Court, which had held in F.P. v. Monier that just because the trial judge forgets to make a required written finding you don’t get an...Read More >>

Late payment does not defeat arbitration because that CAA rule is preempted by FAA—but Justice Baker dissents

Last updated on May 30, 2024 by Tim Kowal
In a split opinion that “rather obviously invites a grant of review,” the Second District Court of Appeal in Hernandez v. Sohnen Enters. (D2d5 May 22, 2024 No. B323303) [cert. for pub.] held that, unless parties expressly invoke the California Arbitration Act, the Federal Arbitration Act preempts the CAA rule that deems any late fees...Read More >>

Why One School District Spent $1 Million Fighting Special-Education Attorney Tim Adams’ Client (Part 2)

Last updated on May 7, 2024 by Tim Kowal
Last time, we set the table with special-education attorney Tim Adams to discuss the big 9th Circuit win for parents of kids with IEPs (individualized education protocols). Now we dig in to Irvine Unified School District v. Landers and Gagliano. After covering the fact that the school district, to get out of helping a dyslexic...Read More >>

Why One School District Spent $1 Million Fighting Special-Education Attorney Tim Adams’ Client (Part 1)

Last updated on April 30, 2024 by Tim Kowal
A big 9th Circuit win for parents of kids with IEPs (individualized education protocols) came down recently, and the prevailing attorney is podcast alum Tim Adams. In the first of this two-part discussion, we set the table to discuss Irvine Unified School District v. Landers and Gagliano. For example, to understand why parents trying to...Read More >>

"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else."

— Hon. Sir Owen Dixon, Chief Justice of Australia

"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."

— Plato (427-347 B.C.)

"So far as the beginnings of law had theories, the first theory of liability was in terms of a duty to buy off the vengeance of him to whom an injury had been done whether by oneself or by something in one's power. The idea is put strikingly in the Anglo-Saxon legal proverb, 'Buy spear from side or bear it,' that is, buy off the feud or fight it out."

— Roscoe Pound, An Introduction to the Philosophy of Law

"Moot points have to be settled somehow, once they get thrust upon us. If an assertion cannot be proved, then it must be settled some other way, and nearly all of these ways are unfair to somebody."

—T.H. White, The Once and Future King

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

— James Madison, Federalist 62

"A judge is a law student who grades his own papers."

— H.L. Mencken

"God made the angels to show Him splendor, … Man He made to serve Him wittily, in the tangle of his mind."

— Sir Thomas More in Robert Bolt's A Man for All Seasons

Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

"Upon putting laws into writing, they became even harder to change than before, and a hundred legal fictions rose to reconcile them with reality."

— Will Durant

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor."

Rubin v. Green (1993) 4 Cal.4th 1187

"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

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