Last updated on November 5, 2025 by Tim Kowal
Jimmy Azadian is often in the room when federal judges get together to share their personal concerns about the job. When judges are asked to come speak to a group, Jimmy reports that top of mind are the recent threats to judges and the courts—whether from armed vigilantes, protesters, students, or senators. Jimmy, Tim, and...
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Last updated on October 23, 2025 by Tim Kowal
Few lawyers and LRW instructors write and think more about AI than Professor Jane Woods of Mizzou Law, who offers this most important AI advice: If you haven’t read the case, don’t cite the case. Jeff thinks our business and even this podcast will be aped by robots by this time next year. Until then,...
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Last updated on October 22, 2025 by Tim Kowal
As an attorney, you might not be surprised to learn that—if you file serial meritless lawsuits in pro per—you, too, may be deemed a vexatious litigant. File five unsuccessful lawsuits within seven years, and that’s what happens. But you might not realize that appeals count toward your five-lawsuit limit. That was the outcome in the...
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Last updated on August 6, 2025 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: Not CA, but might restore your faith in the judiciary—via IJ: The Stored Communications Act allows the government to subpoena social-media companies for user data, and it even allows those subpoenas to be...
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Last updated on July 29, 2025 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: Can ChatGPT testify against you? Maybe, says Open AI CEO Sam Altman: “If you go talk to ChatGPT about your most sensitive stuff and then there's a lawsuit, we could be required to...
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Last updated on January 18, 2024 by Tim Kowal
The 9th Circuit was bound by its trademark precedent holding an exception to the Lanham Act for expressive works, which was why in Punchbowl, Inc. v. AJ Press, LLC, No. 21-55881 (9th Cir. Jan. 12, 2024) it affirmed a summary judgment against plaintiff greeting-card maker in favor of a news website—both going by the name...
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Last updated on June 16, 2023 by Tim Kowal
Here are some legal trends and trivia from this week: U.S. Supreme Court: Liberal justices' 'dissent rate' lowest since Roberts joined in 2005. (Wash. Examiner) But women are underrepresented at oral argument at the Supreme Court: just 20 women—19% of the 103 total advocates— argued before the justices. (Ben Shatz) ⏳Cal. Supreme Court is taking...
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Last updated on June 14, 2023 by Tim Kowal
The voters of San Berdardino passed Measure K in 2020 to limit supervisors to a single four-year term at a monthly compensation of $5,000. The trial court invalidated Measure K as unconstitutional. But the Court of Appeal in San Bernardino County Board of Supervisors v. Monell (D2d4 May 25, 2023) --- Cal.Rptr.3d ---- held the...
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Last updated on June 7, 2023 by Tim Kowal
A challenge to a trial judge for cause is subject to waiver if not filed at the earliest practicable opportunity. North American Title waited a year in ****************************************North Am. Title Co. v. Sup. Ct. (Fresno) (D5 May, 19, 2023 No. F084913) --- Cal.Rptr.3d --- (2023 WL 3560761), before accusing the judge of bias for his...
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Last updated on June 5, 2023 by Tim Kowal
Animal harm can be difficult to adjudicate in people courts. But the cat owner in Berry v. Frazier (D1d3 May 15, 2023 No. A164168) --- Cal.Rptr.3d --- (2023 WL 3445168), who was allegedly defrauded by her vet into a “horrific and painful” form of euthanasia for her pet, was able to reverse the order dismissing...
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Last updated on June 2, 2023 by Tim Kowal
Here are some legal trends and trivia from this week: Justice Jackson, still in first year on SCOTUS, pens solo dissent in labor case Glacier Northwest v. International Brotherhood of Teamsters. First time a first-termer has penned a solo dissent since Justice Thomas in 1991. (Via Adam Feldman) Manson follower Leslie Van Houten, who took...
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Last updated on May 26, 2023 by Tim Kowal
Here are some legal trends and trivia from this week: Justice Neil Gorsuch called COVID emergency orders among “the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale,” referencing orders, sometimes backed by criminal enforcement, requiring home quarantine, shuttering schools,...
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Last updated on May 19, 2023 by Tim Kowal
Here are some legal trends and trivia from this week: ️Remote access in federal courts to end on September 21, 2023. (Reuters.) ⚖️Former Chief Justice talks about her legacy, SCOTUS ethics, and programs to address “historical racism”. (Via David Ettinger.) This is how a judge politely says “your arguments are bad and you should feel...
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Last updated on May 12, 2023 by Tim Kowal
Here are some legal trends and trivia from the week ending May 11, 2023: 5:00 filing deadlines coming! The Third Circuit adopted a rule that requires filings be submitted by 5 pm on the due date. Fed. R. App. P. 26(a)(4)(B) sets the deadline for electronic filings in a court of appeals to be midnight...
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Last updated on May 5, 2023 by Tim Kowal
Courts upheld a gun ban but overturned a gas ban, and found yet another strange application of section 998 offers. Judges and clerks are more becoming more racially diverse, but come from a very short list of schools. And PJ Rubin talks about the best kind of oral argument. Cal. Ct. App. says California’s ban...
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Last updated on April 24, 2023 by Tim Kowal
Here are some recent news items of interest to attorneys and court-watchers: California courts spent nearly half-billion dollars on court reporters, but that’s not enough. (Via Ben Shatz.) So if a court reporter isn’t available, SB 662 would allow electronic recordings to create the appellate record. Stiff court reporter lobby opposition expected. (Via Ben Shatz.)...
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Last updated on April 14, 2023 by Tim Kowal
Here are some recent news items of appellate interest: It's official: AI has passed the Uniform Bar Exam. GPT-4, the upgraded AI program released earlier this week by Microsoft-backed OpenAI, scored in the 90th percentile of actual test takers. (Look for two new California Appellate Law Podcast episodes on ChatGPT and AI in the law.)...
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