In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases. Tim and Jeff analyze the arguments...
My “Moneyball” lesson for trial success: get more of your evidence and arguments into the record than your opponent does. MyLawCLE has published my presentation, “Mastering Trial Strategy: Advanced Techniques, Ethical Insights, and Critical Mistakes Every Attorney Should Avoid.” The two-part presentation on federal trial strategy begins with trial attorney James Susag’s coverage of developing...
Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an appellate record...
When discovery objections have been waived, does serving responses that still contain objections (which have been waived) count as “substantial compliance”? Yes, says Katayama v. Cont'l Inv. Grp. (D4d3 Oct. 9, 2024 No. G063872) [published]. What happened is plaintiff failed to respond to requests for admissions. Defendant then moved to deem the requests admitted, but...
CEB Dailynews has published my article, “Prevailing on a Contract Affirmative Defense Gives Rise to Civ. Code § 1717 Fees.” The article is about what happens when you prevail on a contract, but the contract is only raised as an affirmative defense—and not as a claim. The Supreme Court previously said no: an affirmative defense...
Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases....
Here are a few cases and stories I did not have time to write up but seemed either important or irritating enough to mention: (Artwork by Randall Holbrook, RNDL.DESIGN.) Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST...
At the trial in a Latino-on-Latino attempted murder in People v. Sanmiguel (D2d6 Oct. 8, 2024 no. B328160) [partial. pub.], the prosecutor exercised a peremptory challenge of a Latino prospective juror. Under the Racial Justice Act, upon the defendant’s objection the prosecutor had to explain the reasons for the strike to satisfy the court that...
Couldn’t make this year’s ClioCon? Don’t know why you would if you could? Jeff is on location in Austin, Texas, and reports in on the latest legal tech trends, like: We also discuss the new Doxing Victims Recourse Act, Civil Code section 1708.89, which creates a cause of action for online doxing—publishing a person’s personal...
In a (non)definitive survey of writing instruments, big-law attorney turned solo employer counsel Michelle Strowhiro reveals her pick for the best pen for lawyers. Then we turn to the U.S. District Court of Texas ruling in Ryan LLC v. FTC, blocking an FTC rule that would ban non-competes. This rule would eliminate trade restraints already...
The Supreme Court of California isn’t always interested in money disputes, but throw attorney misconduct into the mix and you get the City of LA v. Pricewaterhousecoopers reinstating a sanction for “egregious” city attorney’s office collusion totaling $2.5 million. Angling for contractual attorneys’ fees in your defense? The recent Am. Bldg. Innovation v. Balfour Beatty...
Los Angeles Superior Court will now offer electronic recordings where a court reporter is not available. But not all courts have the equipment. And even if they do, by statute these recordings may not be used to create an appellate record. So what does it mean? Also, the Supreme Court in Meinhardt v. City of...
In motions for summary judgment, the separate statement is a very important document because the trial judge uses it as a roadmap to the evidence. But on appeal, the court uses a different roadmap to the evidence: your brief. And if your brief just cites to the separate statement—or worse, merely to the trial court...
CEB has published my article, “Are Anti-SLAPP Orders Judgments?” The article is about the anti-SLAPP judgment in Wastexperts, Inc. v. Arakelian Enters. (D2d4 Jul. 11, 2024 No. B325299) [pub. opn.]. After the court entered the anti-SLAPP judgment, the plaintiff where appealed from the anti-SLAPP order—not the judgment. The defendant moved to dismiss the appeal because,...
It’s very clear that you are entitled to contractual attorneys’ fees for prevailing on a contract claim. But what about prevailing on a contract affirmative defense? There was some unfortunate confusion on that point in the California Supreme Court’s decision in Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (2017) 3 Cal.5th 744, 751, where...
CEB DailyNews has published my article, “Courts Cannot Limit Code of Civil Procedure Section 170.6 Challenges By Local Rule, Fourth District Holds.” The article is about the published opinion in *Lorch v. Superior Court* (D4d1 May 16, 2024 No. D083609), about peremptory challenges to a trial judge. In a “master calendar” court, rather than the...
After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover: Adam Feldman biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up...
CEB has published my article, “Late payment does not defeat arbitration because that CAA rule is preempted by FAA—but Justice Baker dissents.” The article is about the split opinion in Hernandez v. Sohnen Enters. (D2d5 May 22, 2024 No. B323303) [cert. for pub.], that Justice Baker says in dissent “rather obviously invites a grant of...
Adam Feldman watches Supreme Court trends: voting blocs both usual and unusual, numbers of concurring and dissenting opinions, and other analytical ways of predicting outcomes. In our discussion, we cover: We then tee things up to do a round up of the 2023-2024 term. Adam Feldman biography, LinkedIn profile, and Twitter feed. Appellate Specialist Jeff...
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.) Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE...
CEB has published my article, “Criticizing belated policy reversal, 9th Cir. holds fight over LAUSD Covid-19 vaccine mandate is not moot and distinguishes SCOTUS Jacobson ruling.” The article is a cautionary tale about being completely forthcoming at oral argument. And it suggests that theories attempting to distinguish a century-old SCOTUS opinion affirming a state vaccine...
While the Supreme Court wrapped up its term, the Ninth Circuit had some interesting cases of its own. Carjacking is “nonviolent,” for-profit prisons are constitutional, and Covid vaccine religious exemptions are on the table. Practitioners might also look forward to focus letters and earlier panel notifications. All this and other recent cases and news. Appellate...
CEB DailyNews has published my article, “The 15 days to file a 170.6 does not start running if a “significant issue” was left unassigned.” The article is about Taylor v. Superior Court (D4d2 May 9, 2024 No. E082661) [nonpub. opn.], involving two wrinkles to the peremptory-challenge deadline. Wrinkle #1: When the trial judge denied a...
A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help. We also cover: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter...
Previously in part one, criminal-defense attorney Don Hammond explained why, post-Bruen, states may no longer impose discretionary constraints in concealed-carry permitting regimes. But will that change after the Supreme Court’s recent 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing firearms was consistent with the Second Amendment tests...
Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this second half of our interview, Justice Earls talks about how she found herself under investigation for calling...
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.) Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE...
You already know that an order granting an anti-SLAPP motion is immediately appealable—that is, you should not wait around for a formal judgment before appealing. That’s why the plaintiff in Wastexperts, Inc. v. Arakelian Enters. (D2d4 Jul. 11, 2024 No. B325299) [pub. opn.] appealed immediately. But what about when the court later enters a formal...
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.) Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE...
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...
