
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 produce that … It makes sense to … really want the privacy clarity before you use it a lot.” https://t.co/3IWqdYaEA3"
You can still enforce a forum clause, Cal. Supreme Court says, even when the other forum denies a right to jury trial. Question 1: If you can't enforce a clause that denies the right to a jury directly, why does the court allow you to do it indirectly? (Answer: A forum clause is not a direct waiver.) Question 2: Arbitration obviously denies the right to jury, so how is that tension handled? (Answer: By statutory authorization in the CAA.) EpicentRx, Inc. v. Superior Court of San Diego County (Cal., July 21, 2025, No. S282521)
After slogging through a 147-page majority opinion, a judge writes a ****separate one-page concurrence, stating he is “troubled by the length of the opinion”, raising concerns about judicial efficiency and readability. United States v. Dermen (10th Cir., July 9, 2025, No. 23-4074)
End of an era: PJ Kathleen O’Leary (affectionately known as K.O.), after serving nearly 44 years as a distinguished member of the California judiciary, will retire at the end of July 2025.
(Artwork by Randall Holbrook, RNDL.DESIGN.)