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20 Mar · Tue 2012
Judge or Jury: Who Determines Facts Underlying Monetary Penalties
12 Mar · Mon 2012
Circuit Conflict Regarding Standard of Review for Rule 404(b) Evidence
09 Mar · Fri 2012
Stay on the same track or change trains? Recent Case reminds us that SCOTUS doesn’t often reverse direction, but it can.
10 Feb · Fri 2012
Governor's Historic Appointments to the State Supreme Court Remind Us of the Historic Path that Led Here
Governor Christie's appointment of an openly gay African-American and a Korean-American are “historic” -- but so was the decision that led to these two open seats on the New Jersey Supreme Court, which produced three separate opinions, including one dubitante, concerning only the composition of the Court and having nothing to do with the case then before the Court. Henry v. Dept. of Human Services, 204 N.J. 320, 9 A.3d 882 (2010) was an historic oddity that was built along the way.
[Read More]02 Feb · Thu 2012
Can You Ever Have Too Many Friends (of the Court)?
The New York Times recently published an article entitled Friend-of-Court Filings Mushroom, and a Law Professor Takes Issue. The article recounts law professor Richard H. Fallon Jr.’s refusal to sign on to an amicus curiae—or “friend of the court”—brief circulated by fellow law professors because he found it not scholarly. More interesting to the average practitioner than Professor Fallon’s reasons for not signing on when asked by his colleagues are the simple numbers he relates. . . .
[Read More]If You’ve Ever Encountered A Difficult Court Clerk, Here’s Your Case
31 Jan · Tue 2012
California Court of Appeal Limits Class Action Lawsuit Based on Temperature of Motor Fuel against Chevron to Claims Under California’s Unfair Competition Law and Consumer Legal Remedies Act
The elementary fact that motor fuel—and liquids in general—expand in volume as they are heated stands at the heart of a likewise heated class action lawsuit against Chevron U.S.A., Inc. While many people would recognize, or at least not balk at the fact that motor fuel expands and provides less energy content in warmer temperatures, I’m willing to bet that far less—myself included—have pondered the impact of this effect on the price of fuel. The Los Angeles Superior Court will address precisely this issue after Division Seven of the Second Appellate District for the State of California ruled in Klein v. Chevron U.S.A., Inc. (2012) Case No. B219113 that the Plaintiffs’ stated valid causes of action for violation of California’s Unfair Competition Law (“UCL”) (Bus. & Prof. Code §17200 et seq.) and Consumer Legal Remedies Act (“CLRA”) (Civ. Code §1750 et seq.).
[Read More]12 Jan · Thu 2012
California Supreme Court Limits Liability Of Component Parts Manufacturers In Asbestos Cases
On January 12, 2012, the California Supreme Court issued a major victory for asbestos manufacturer-defendants in O'Neil v. Crane Co. (Case No. S177401). This unanimous decision set important limits on the duties owed by component parts manufacturers.
[Read More]30 Dec · Fri 2011
California Court of Appeals Provides Cautionary Tale: Sanctioning Counsel for Filing Boilerplate Brief Requesting Extension of Time
01 Nov · Tue 2011
The New Chief Justice of the California Supreme Court
Much has been written in the last year about California’s new Chief Justice, Tani Cantil-Sakauye, who was sworn in January 3, 2011 to replace Chief Justice Ron George.
Here are five interesting facts about California's Chief Justice Cantil-Sakauye that caught our eye.
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