Learn the latest theories and tools of statutory construction from a judge, law professor, and practitioner. The panelists will explain the framework for statutory interpretation; the role of legislative history in the age of textualism; the federal and state legislative processes, the legislative records that result, and the appropriate use of these records; and what courts want from litigants when it comes to considering legislative history. Great overview for all litigators: trial and appellate, state and federal, civil and criminal. Read more
Central District of California Covid-19 Update: On February 8, 2022, the Central District announced that it will resume jury trials on February 22, 2022. (Notice.) The District Court adopted an amended policy regarding COVID-19 vaccinations and testing, effective February 3, 2022. (Policy.) On January 3, 2022, the Court extended its authority pursuant to provisions of the CARES Act through March 28, 2022. Accordingly, court hearings by video or telephonic conference may continue to be held in certain criminal matters. (Notice.) Judicial Nominations: On December 15,… Read more
The Jury Instructions Committee of the California Lawyers Association’s Litigation Section has reviewed the proposed revisions to civil jury instructions (CACI 22-01) and appreciates the opportunity to submit these comments. Read more
In its 34th year, a Week in Legal London is pleased to continue the tradition of providing exciting new opportunities for interaction with UK colleagues at exceptional legal and historic destinations. Read more
Each legal dispute is made up of two "cases": the "emotional case" and the "legal case," and they are usually conflated, resulting in impasse. Most lawyers tend to focus exclusively on the legal case, leaving the unaddressed emotional issues to wreak havoc with meaningful problem-solving. Read more
Mediators are expected to play the role of “Devil’s advocate,” questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute (and defenses).The parties may provide sophisticated though conflicting analysis of that law in the mediation briefing and during the session. But what about the law applicable to the mediation itself? Read more
This chart summarizes the cases on the Supreme Court’s docket for October Term 2021 that were heard in 2021, organized by oral argument date. Eight arguments were heard in October, thirteen in November, and six in December. Read more