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1 Mar 2018, 2:07 pm
A defense the defendant never raised below, never argued in its original appeal, and mentioned only at the direction of the Court of Appeal.I'm not saying the opinion is wrong. [read post]
12 Jul 2021, 12:58 pm
I'm bereft of opinions from the California Court of Appeal today because either its website is down or my ISP won't let me access them (for some inexplicable reason). [read post]
10 Mar 2017, 11:51 am
"I'm speechless. [read post]
12 Nov 2019, 2:48 pm
Indeed, I'm not even sure what the defendant was trying to do. [read post]
30 Sep 2016, 11:23 am
Panel draws matter.The issue here is whether the public should be permitted under FOIA to view the names of students at the School of the Americas (now called the Western Hemisphere Institute for Security Cooperation).The majority says that they shouldn't, because even though some torturers and human rights abusers attend the school, or go on to commit such offenses after graduating, we should trust that the Army follows the law and effectively screens out such people, and there's a risk… [read post]
18 May 2017, 1:20 pm
I'm unclear. [read post]
4 May 2023, 1:57 pm
But I'm someone who's generally worried about even informal governmental coercion of free speech, and even I see the stark distinction here between, say, a letter from a prosecutor threatening arrest if a store doesn't stop selling a particular book and, here, a letter from a single senator expressing her opinion about a public issue.Other cases might be close. [read post]
4 Oct 2023, 11:29 am
I'm glad that Justice Perluss decided to publish this opinion. [read post]
24 Mar 2016, 11:09 am
Lest you think that last week’s post about Lindsay Lohan’s right of publicity claim against the makers of Grand Theft Auto was clickbait of marginal legal significance (I’m shocked, shocked by such accusations…), since that post, a Florida jury has awarded $140 million in compensatory and punitive damages to one Terry Bollea, more well known as professional wrestling legend Hulk Hogan, in his right of publicity suit against Gawker media for publishing excerpts… [read post]
4 Feb 2021, 3:58 pm
"I'm fairly confident that it's a super bad idea to have a three-way with your sibling. [read post]
14 Aug 2014, 1:16 pm
I'm just going to quote from this one. [read post]
11 Aug 2020, 8:23 am
I'm persuaded that Alfonso Morales committed (or played a substantial role in committing) the horrific murders at issue in this case, for which he's sentenced to death.Though for the life of me I can't figure out why Mr. [read post]
31 Aug 2022, 11:41 am
As well as a lot of them generally; the Ninth Circuit published eight separate opinions today, and I'm not nearly finished reading all of them.I nonetheless thought I'd at least briefly mention this one. [read post]
22 Oct 2014, 3:08 pm
"After reading this opinion, I gotta say, I'm profoundly -- profoundly -- troubled as well. [read post]
7 Feb 2020, 1:30 pm
But I'm confident that some people would prefer to just put the whole thing behind them, forever, so to accommodate their interests, since we can't tell who'd prefer to be forgotten and who's just fine with their names in press, we use initials.Whereas for the dead, there's good reason to remember them. [read post]
22 Jan 2016, 11:46 am
I'm shocked. [read post]
6 Oct 2020, 2:56 pm
(To be clear: I'm not saying she doesn't work there; the firm simply doesn't seem to have elected to put her on its list of attorneys, at least presently.)Regardless, it's a holding to remember: You can be DQ'd entirely if it's likely that you'll be a material witness at trial, at least in a situation like this. [read post]
28 Feb 2017, 11:33 am
I'm impressed.The panel's original opinion was filed around a year ago. [read post]
6 Jan 2021, 11:56 pm
And the woman shot and killed in the Capitol today apparently lived in Ocean Beach, another beachside community down here in San Diego -- and the one in which I currently reside.These are strange and disturbing times, my friends.I'm confident that, over time, things will get better rather than worse.But, my, how things have gotten worse.To be in a world in which an election dispute merely resulted in some allegedly defamatory things on the Internet and an anti-SLAPP motion seems… [read post]
27 Oct 2016, 11:57 am
”)It may also bear mention that I'm not sure exactly how much the Attorney General's office spent to defend the appeal, since (like graffiti removal) the relevant lawyers aren't paid on a piecemeal basis. [read post]
