A non-expert witness, i.e., a lay witness, typically is limited to testimony based upon personal observation and knowledge. However, a lay witness may properly testify and/or state an opinion if the opinion includes facts showing that the opinion is rational, based on the witness’s perception, relevant, and helpful in understanding Read more
All too often, injured or ill clients lack the insurance and personal resources to pay necessary health care treatment. In the instance where the injury or illness was caused by a potential actionable claim, medical professionals and health care providers may render services in the event that the professional or Read more
Litigation is expensive and time-consuming. It often draws out disputes over a number of years. It has a tendency to lead to a litany of unintended consequences that leave all participants bitter in the end. As a result, it is unsurprising that alternative dispute resolution (“ADR”) has proliferated as a Read more
In 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law. In almost every campaign speech since, the President has claimed that the act bestowed equal-pay rights for women. Specifically, he has said, the Lilly Ledbetter Fair Pay Act “is a big step toward making sure every Read more
In 1990, Congress amended the ADEA by adding the Older Workers Benefit Protection Act (OWBPA) to clarify the prohibitions against discrimination on the basis of age. OWBPA establishes specific requirements for a “knowing and voluntary” release of ADEA claims to guarantee that an employee has every opportunity to make an Read more
Attorneys know all-too-well the potential destructive nature depositions can have on their clients. They take up a lot of time, interfering with many clients’ business and profession. If used in an employment law setting, they often time kill morale and lead to a significant loss in productivity. Litigant’s attorneys also Read more
California law has a strong preference for lawsuit settlements, for public policy reasons (such as judicial efficiency). As such, the state legislature has declared that evidence of an offer to settle is inadmissible to prove liability (Evid. Code § 1152), and that all statements made during mediation are confidential (Evid. Code Read more
Is citation style really all that important? Does it really matter whether we use 12 or 13 point font and whether we use the California Style Manual or The Bluebook? Edward W. Jessen, Reporter of Decision for the California Supreme Court argues, yes, in his convincing article, “Citation Style: Why Read more
On August 24th, a nine-person jury in California awarded Apple Inc. (maker of the iPhone and iPad product lines) over $1 billion in damages, holding that Samsung Electronics Co. Ltd. (creator of the Galaxy S and Galaxy Tab lines) had willfully infringed six Apple patents. Although this huge award is being appealed, Read more
There is some controversy and legal maneuvering regarding two recent animal-protection laws in California. Regardless of whether you enjoy foie gras or shark fin soup, the arguments over loopholes, principles of federalism and even possible racial overtones make for an interesting story. In 2004, then-state Senator John Burton authored SB Read more