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The Trouble with Unpublished Opinions

Last updated on October 12, 2020 by Tim Kowal
 Every practitioner in California state courts knows you may not cite to unpublished opinions. (CRC 8.1115.) This is often frustrating when there are unpublished opinions favorable to your case. Still more frustrating is that you cannot prevent judges from reading unpublished decisions that are unfavorable to your case, or from relying on those opinions. A...Read More >>

Cal Appellate News for Lawyers (Sept. 18, 2020)

Last updated on September 19, 2020 by Tim Kowal
TVA appellate attorney Tim Kowal publishes this weekly update of legal news for trial attorneys. You may subscribe by clicking here. Covid EXTENSIONS Have Expired, But Covid EXCUSES May Still Work The First Appellate District (Rowan v. Kirkpatrick, A160568) observes that while the Covid-related extended deadlines have passed, "Courts have long recognized the policy, based...Read More >>

EMPLOYERS CAN PROTECT THEIR WORKFORCE WITHOUT ENGAGING IN UNLAWFUL RESTRAINT OF TRADE

Last updated on April 24, 2020 by Tim Kowal
Retaining key personnel is vital to the success of any enterprise. However, the law's prohibition of trade restraints often makes it difficult for employers to protect their workforce and trade secrets. California law broadly states that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind...Read More >>

DIRTY WORK: DISGORGING THE PROFITS OF TRESPASSING PIPELINES

Last updated on October 15, 2017 by Tim Kowal
There are two kinds of developers: the pessimist, who sees a glass as half-empty, and the optimist, who sees the glass as four-fifths empty. Of California’s 163,000 square miles, just about 31,000 are developed. There’s a lot of opportunity to be had in California dirt. Literally, when it comes to a particular sort: just under...Read More >>
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