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9 Feb 2017, 4:21 pm
I don't typically spill a lot of (virtual) ink on Ninth Circuit decisions that are already going to receive a fair amount of public attention. [read post]
25 Jan 2021, 2:27 pm
They don't necessarily want to wait until the California Supreme Court decides the issue. [read post]
3 Jun 2014, 1:29 pm
(Don't think it was just defendant. [read post]
13 Nov 2012, 12:55 pm
We admittedly don't want arbitrators to deliberately disregard the law, at least when (as here) statutory rights are at issue. [read post]
12 Nov 2018, 1:00 pm
It's a holiday today -- even though many of us (myself included) nonetheless remain hard at work -- so no published cases today.But this death penalty case from Friday reminds us that cases -- even (and perhaps especially) death penalty cases -- are straightforward and easy when you don't have all the facts.The knifing murder of a pregnant woman and her baby during a botched nighttime burglary is surely a terrible crime. [read post]
29 Mar 2016, 1:12 pm
And, if you don't, today's opinion -- which involves (in part) precisely such an event -- will give you a glimpse. [read post]
14 Jun 2022, 11:23 am
I don't typically read the syllabus of Ninth Circuit opinions, and prefer to just jump into the opinion itself at the outset. [read post]
3 Apr 2020, 12:25 pm
A fact pattern that exists in legions of cases.Nonetheless, I don't want to seem unduly harsh. [read post]
22 Feb 2016, 11:24 am
But I don't see why offhand. [read post]
20 Aug 2019, 12:26 pm
I don't know. [read post]
24 Apr 2023, 1:57 pm
It's also a split opinion in the Ninth Circuit, with Judge McKeown writing the majority opinion -- coming out in favor of the the pro-Proclamation and anti-logging side -- with Judge Tallman dissenting (on the other side).But even if you don't read the entire thing, here were my two favorite parts of the respective opinions:(1) In the dissent, some fancy, highfautin language from Judge Tallman: "Proclamations and executive orders of this reach are often responsive to… [read post]
29 Jun 2023, 7:59 am
Defendants didn't pay on time, so Plaintiff can go back to court.So, to reiterate: Don't be late. [read post]
15 Jun 2017, 11:00 am
I seriously don't know how we expect juries to do their job competently. [read post]
10 Dec 2015, 12:55 pm
They don't conflict with the voter-approved initiative or the Legislature's MMP. [read post]
24 Mar 2016, 1:31 pm
"Judge Reinhardt's majority opinion is joined by a district judge sitting by designation.I don't think you've heard the last word about this case. [read post]
24 Jan 2018, 1:04 pm
.' In addition, there have been assaults on (1) those 'coming forward' to report child pornography; and (2) those who possess the child pornography by fellow patients who 'don’t like the persons having materials like that.'” America: Where there's demand, there's likely to be supply. [read post]
15 Aug 2019, 2:35 pm
You don't see many probation sentences these days when a 33-year old repeatedly molests a 13-year old extended family member. [read post]
11 Apr 2017, 11:36 am
If only because we don't have all that many freeway shootings as we did back in the old days. [read post]
2 Dec 2024, 12:58 pm
And unlike the trial court, the Court of Appeal doesn't make the owner of the servient tenement pay the million bucks or so it'd take to stabilize the riverbank so we don't see round three.Hopefully this latest easement won't be washed away too. [read post]
19 May 2016, 12:54 pm
that don't apply to a compelled examination of a party. [read post]