Los Angeles / San Francisco Daily Journal

01/03/2025

Could Justin Baldoni's $250M lawsuit against the NYT chill independent journalism? While the Times can fight this battle, smaller outlets might not survive similar legal challenges, according to one legal expert.

Read more: https://ow.ly/wc4L50UzwTf

01/03/2025

Inmate Shawn Sheltra sued the Idaho Department of Corrections for violating his Eighth and Fourteenth Amendment rights due to a lack of protection from a known threat. The 9th Circuit ruled in his favor, stating that Sheltra's grievance covered a single, ongoing harm, and his post-grievance attack was part of that harm.

Read more [subscription required]: https://ow.ly/iukh50Uz4cB

01/02/2025

Is this major California Court of Appeal decision set to upend PAGA claims in 2025? If Leeper stands, it could effectively end "headless" PAGA cases in California, forcing individual claims into arbitration while staying representative claims.

Read more: https://ow.ly/eM9u50Uz1PN

01/01/2025

In a significant ruling, the California Court of Appeal held that PAGA claims brought under California Labor Code contain BOTH individual and representative components. This means employers can compel arbitration of the individual portion under valid arbitration agreements, triggering a stay of litigation of the representative claim.

Read more [subscription required]: https://ow.ly/Lwjs50Uyqfh

12/31/2024

As California and other liberal states gear up to battle President-elect Donald Trump's deportation plans, they face a judiciary that already has ruled for the federal government on a major legal question. The key provision is Article VI, Clause 2 of the U.S. Constitution, known as the supremacy clause, and it's an important advantage for the U.S. Department of Justice in battles with states and organizations over immigration.

Read more: https://ow.ly/Nrkt50UyocA

12/30/2024

Pasadena physician, Dr. Kevin Tien Do, is set to plead guilty to fraud charges in a scheme that allegedly bilked California's workers' compensation system out of millions of dollars. The scheme allegedly involved a sitting Orange County judge, identified as 'Co-Conspirator ' in the indictment.

Read more: https://ow.ly/nkEP50Uyafb

12/28/2024

Can't remember or won't remember? The 9th Circuit just clarified when "memory loss" on the stand makes prior statements admissible.

In this case, a correctional officer prohibited from possessing fi****ms borrowed his colleague's gun. When the colleague's memory conveniently failed during testimony, the court had to decide: Was it genuine forgetfulness or deliberate evasion?

The ruling provides a practical framework for handling witnesses who suddenly "can't recall" their previous statements.

Key details in today's DAR [subscription required]: https://ow.ly/3GYN50Uxn2S

12/27/2024

The controversial "perp walk" of the alleged murderer of UnitedHealthcare's CEO has sparked a legal debate! Critics argue it was a political spectacle that jeopardizes the defendant's right to a fair trial. Could this impact the case's outcome? Dive into the full story: https://ow.ly/vn6G50Ux6yB

The Daily Journal has more journalists covering the California legal profession than any other publication.

12/26/2024

What kept California's legal community reading in 2024? Our top 10 most-read columns tackle everything from LA's new DA to game-changing DVRO legislation. Notable voices include Berkeley Law's Dean Chemerinsky, multiple Court of Appeal justices, and leading practitioners weighing in on the year's most impactful legal developments. Discover which stories shaped the legal landscape in 2024. Read more: https://dailyjournal.com/articles/382629

12/26/2024

The California Supreme Court just ruled that hospitals aren't required to provide advance notice of emergency management service fees beyond existing statutory requirements.

This decision helps clarify obligations under both the UCL and CLRA. It's a significant win for healthcare providers while still maintaining existing consumer protections.

Read more [subscription required]: https://ow.ly/jQkC50Ux0M9

12/25/2024

Discover the most-read court opinions of the year! From high-stakes reversals to groundbreaking rulings, our legal team has compiled the top cases that captivated our readers. Dive into the intriguing world of justice and see what made headlines! ️ https://ow.ly/RwXj50UwCYi

12/25/2024

From Amazon's APEX program creating jurisdiction to a $43M trademark profits case challenging corporate structures, SCOTUS is set to reshape IP law in 2025. See how these decisions could impact medical device regulation and Federal Circuit procedures. Read the analysis and test your understanding for optional MCLE credit: https://ow.ly/FpRV50UwCPs

12/25/2024

President Biden has vetoed the JUDGES Act, blocking the addition of 63 new federal judgeships - including 21 in California alone. With 700,000 cases backlogged nationwide and districts like Eastern California severely understaffed, this decision has major implications for our federal court system. The bill had bipartisan support initially, but post-election dynamics changed everything. Find out why Biden made this decision and what it means for the future of federal courts: https://ow.ly/m5B050UwABs

12/25/2024

The Court of Appeal just issued a significant ruling on when constructive trust claims support a lis pendens. If you handle cases involving trust contests and real property, you'll want to read this one. The court clarified that challenging trust amendments while seeking a constructive trust over property purchased with trust assets constitutes a "real property claim" under CCP 405.4. Important implications for protecting your clients' interests in disputed trust assets. Read the full analysis here: https://ow.ly/YSJN50UwAqN

12/23/2024

2024's most-read legal stories at the Daily Journal reflect a year of major developments in California law. From Tom Girardi's dramatic fraud conviction to LA courts adopting electronic recording amid a court reporter shortage, our top stories showcase pivotal moments.

Read more: https://ow.ly/ao3h50UwheO

12/20/2024

San Diego County Superior Court Judge Renée N. G. Stackhouse reflects on her challenging childhood and how it shaped her legal career. She shares her experiences and approach to family law, emphasizing the importance of preparation, empathy, and creative solutions. Read more [subscription required]: https://ow.ly/REPn50UvhLS

12/20/2024

Disbarred attorney Tom Girardi's sentencing for wire fraud against former clients has been postponed until next year. A federal judge ordered an additional mental evaluation hearing to determine if he should be committed to a medical facility. Girardi is currently half blind and needs constant assistance, according to his attorneys.

Read more: https://ow.ly/tVU850Uvl3k

12/19/2024

Rock band KISS faces lawsuit from former hairdresser Dave Mathews, who claims he was fired for expressing concerns over unsafe COVID regulations. The court rejected the band's argument that Mathews was an independent contractor, setting the stage for a trial.

Read more: https://ow.ly/XKkr50Uuomt