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The Clerk's Office: Helpful Tips for Getting An Answer to Procedural...
Why rely on a colleague's interpretation of a court rule or procedure when you can go to the original source? Attorneys typically don't think of contacting a court's clerk's office to answer an...
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Mean Old Levee Taught Them to Weep: Lawsuit Seeks to Halt New Orleans Levee Work
Last week, a New Orleans district judge ruled that 7 property owners' petition to enjoin the Army Corps of Engineers from proceeding with remediation work for the 17th Street Canal (reported on...
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Consortium Without a Cause?
Can a spouse recover for loss of consortium if he testifies that the marital relationship actually improved after the accident? He can in California.On May 26, 2011, the California Court of Appeal...
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Supreme Court Hears Argument on Fourth Amendment Limits to Jail Strip Searches
The Supreme Court heard oral argument on two consolidated cases, Florence v. The Board of Chosen Freeholders of the County of Burlington. Two well-known and experienced members of the United States...
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New Reference Manual on Scientific Evidence Short Shrifts Rule 703
In “RULE OF EVIDENCE 703 — Problem Child of Article VII (Sept. 19, 2011),” I wrote about how Federal Rule of Evidence 703 is generally ignored and misunderstood in current federal practice. The...
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Supreme Court Update - Compucredit v Greenwood Opinion
In CompuCredit Corp. v. Greenwood, 10-948, the Court held that pre-dispute agreements to arbitrate claims under the Credit Repair Organizations Act (CROA) are valid and enforceable. Although the CROA...
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Supreme Court Update - Hosanna-Tabor Evangelical Lutheran Church and School...
In a unanimous ruling, the U.S. Supreme Court adopted the “ministerial exception” developed in the lower courts and held that the First Amendment flatly prohibits the application of discrimination laws...
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Sackett v. EPA: The Supreme Court Hears Argument in Wetlands Case
On Monday, January 9, 2012, the Supreme Court heard argument in a case challenging the Environmental Protection Agency’s issuance of administrative compliance orders under the Clean Water Act, 33...
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Supreme Court Update - National Meat Association v Harris
On January 23, 2012, the Supreme Court issued a unanimous opinion in the case of National Meat Association v. Harris, No. 10-224. In its decision, the Court reversed the Ninth Circuit Court of...
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Supreme Court Hears Glaxo Overtime Pay Case
The U.S. Supreme Court heard oral argument Monday on the hotly questioned issue of whether pharmaceutical sales representatives are subject to the outside sales exemption under the Fair Labor Standards...
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Court Rules that Private Attorneys May Assert Qualified Immunity as a Defense
Private attorneys representing government entities are entitled to assert qualified immunity as a defense to civil rights claims, the U.S. Supreme Court unanimously ruled on Tuesday in Filarsky v....
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Was Buyer Of Real Estate "Ready, Willing & Able" To Perform?
Until now, there has been a split of appellate authority in New York concerning what a prospective purchaser must show in seeking damages for a seller’s repudiation of a contract for the sale of real...
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Challenges to Penn State Consent Decree: Unlikely to Succeed in Court or...
Shortly after the NCAA’s imposition of unprecedented sanctions against Penn State, I wrote in this space about the myth of due process protection in the NCAA arena. Essentially, the NCAA, as a private...
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SCOTUS Update - Hadden v. United States
The Supreme Court of the United States is meeting today to decide which cert. petitions will be granted for the new term, which formally begins next Monday. One of the petitions distributed for review...
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Potential Expansion of Legal Malpractice Claims Circumventing the Mediation...
As the California Judicial Branch budget crisis deepens, more and more cases will be resolved in mediation rather than in the courtroom. Meanwhile, the rules regarding mediation confidentiality are...
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Supreme Court Decision in Comcast v. Behrend Aligns With DRI Amicus Brief
Class Action Deemed to Be Improperly Certified by Lower CourtsCHICAGO – (March 27, 2013) The Supreme Court this morning reversed the judgment of the Third Circuit Court of Appeals in the case of...
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California Appellate Court Distinguished “Volunteer” from “Employee”
On July 24th, the California Appellate Court ruled on what distinguishes an “employee” from a “volunteer” for purposes of FEHA discrimination claims in Estrada v. City of Los Angeles (2013) —...
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Supreme Court Still Divided Over how to Interpret Express Preemption Provisions
Most of the commentary on the Supreme Court’s June 9 decision in CTS Corp. v. Waldburger has focused on the holding that CERCLA does not preempt state statutes of repose which, after a set number of...
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