California Litigation: Volume 21 to the Current Volume
The Litigation Section publishes California Litigation three times per year, under the supervision of the California Litigation Editorial Board. Each issue contains informative articles on themes of interest to litigators.
Volume 24, 2010
Volume 24, Number 1, 2011: Random Thoughts
Posted in the Members Only Area
Editorial Opinion: Thirty Years in Litigation: Time for a Book?
By Elizabeth England
Book Review
By Robert Aitken
Editor’s Foreword:Random Thoughts
By Sharon J. Arkin
iPad for Lawyers
By Tom McDermott
Justice for Veterans
By Eileen C. Moore
“Esquire”:Yes or No?
By John Derrick
The Wacky World of Legal Malpractice
By Howard A. Kapp
The Cassel Decision: More Questions than Answers
By Paul J. Dubow
Judicial Opinion: Case Management Conference Practice Tips for Veterans and Novices
By Hon. Michael L. Stern
Volume 23, 2010
Volume 23, Number 3, 2010: Insurance
Posted in the Members Only Area
Editorial Opinion: Then and Now: Meeting the Challenges
By Elizabeth England
The End of Lawyers “!” or “?”
by Tom McDermott
Point/Counter-Point: Do Dictionary Definitions Control Insurance Policy Interpretation?
- POINT (No, not necessarily)
By Brian Kabateck and Michael Storti
- COUNTER-POINT (Yes, usually they do)
By James Robie and Michael O’Neill
What’s the Point?
By Sharon Arkin
Genuine Dispute Doctrine in Third Party Bad Faith Cases
By Justice Walter Croskey
No Coverage for Injuries Inflicted in Self-Defense
By Daniel U. Smith
Minkler v. Safeco: The “severability of insurance” in an Important California Case
By Jeffrey Isaac Ehrlich
Evolving Class Certification Standards in Federal Court
By Christopher L. Lebsock
Depleting Liability Limits and the Decision to Settle
By Louie Castoria
Volume 23, Number 2, 2010: E-Litigation
Posted in the Members Only Area
Editorial Opinion: Pushing E-Filing Across the Finish Line
By Michael D. Fabiano
Book Review
By Robert Aitken
Editor’s Foreword: The Magic — And the Danger — Of the Internet
By Sharon J. Arkin
On Citation to Wikipedia (& Other Things)
By John Derrick
Authenticating Web Pages: Can It Be Done?
By Shaun M. Murphy
Legal Impacts of Social Networking in the Workplace: The Public Water Cooler
By Sue Glueck
New Developments in California Privacy and Defamation Law
By Neville L. Johnson and David A. Elder
Mining the Bonanza of Social Media Marketing Opportunities
By Gary Gwilliam, Susan Hanshaw and Dean Guadagni
The Legislative History of the New Electronic Discovery Act: Part I
By Will Hoffman
Legislative History Tips: A Page from the Courts’ Unofficial Playbook
By Carolina Rose
Judicial Opinion: Civility in the Practice of Law
By Justice J. Gary Hastings (Ret.)
Volume 23, Number 1, 2010: What’s happening?
Posted in the Members Only Area
Ex Com Foreword: My Legal Hong Kong Experience – The HK1 Vaccine
By Judy M. Lam
Book Review
By Robert Aitken
Descent Into the Maelstrom: Should I Go Away Mad or Glad?
By Thomas J. McDermott, Jr.
Getting Going in Today’s Economy
By David J. Cook
Growing During Tough Times: Building Your Small Firm
By Shawn Khorrami
Attorney Advertising: Successfully Reaching Those Who Need Help
By Christopher Dolan
Reforms in the Compromise of Claims for Minors and Persons with Disabilities
By Bruce M. Brusavich
Conflicts of Interest Arising from Successive Matters
By Ara Jabagchourian
The Art of Mediation: Ten Rules for Effective Participation
By Kendall C. Reed
45 Judicial Opinion: A Nation of Do-It-Yourself Lawyers
By Chief Justice John T. Broderick, Jr. and Chief Justice Ronald M. George
Volume 22, 2009
Volume 22, Number 3, 2009: Fees! Fees! Fees!
Posted in the Members Only Area
Editorial Opinion: Getting Involved in the Section
By Michael D. Fabiano
Book Review
By William F. Rylaarsdam
Editor’s Foreword: Still on the Money
By Sharon J. Arkin
How Well-Crafted Fee Agreements Can Reduce Risk and Help You Do Better Financially
By Steve Lewis
Fee Recovery in Contingency Fee Cases
By Ellen R. Peck
Generation “e”: Do You Make the Grade?
By Timothy Pitka
Mandatory Fee Arbitration Survives Schatz’ Shots
By Michael J. Fish and Jill Sperber
Funding for Legal Aid and Attorney Fee Awards: Development of Funding for Legal Aid Offices
By William T. Tanner
Collecting Attorney Fees In Arbitration
By Paul J. Dubow
Judicial Opinion: The Thirty Pack
By Hon. Gregory W. Alarcon
Volume 22, Number 2, 2009: Right on the Money
Posted in the Members Only Area
Editorial Opinion:
Finding Balance
By Gregory A. Nylen
Book Review:
Wearing the Robe By Hon. James P. Gray
by Robert Aitken
Editor’s Foreword:
Right on the Money
By Sharon J. Arkin
The Rise and Flaws of the Billable Hour
By John Derrick
Alternative Fee Arrangements: Who’s Responsible for Making Them Work?
By Rebecca M. Lamberth, Stephanie A. Hansen and Christina C. Marshall
Litigation Remuneration in England and Wales
By Peter Curnock and Justin Robson
Unconscionable Fees
By Ellen R. Peck
Using Expert Declarations in SLAPP Fee Motions
By James J. Moneer
Class Action Fees in California
By Sharon Arkin
Settling Cases Under Medicare, Medicaid and the SCHIP Extension Act
By Will Shapiro
Judicial Opinion:
Attorney Fee Orders
By Hon. W. F. Rylaarsdam
Volume 22, Number 1, 2009: Electronic Litigation
Posted in the Members Only Area
Editorial Opinion
A Call for Civility in Troubled Times
By Gregory A. Nylen
California’s E-Access Patchwork
By John Derrick
Editor’s Foreword:
My, What a Long Way We Have Come!
By Sharon J. Arkin
An Attorney’s Guide to Understanding Calendaring
By Joseph C. Scott
Telephonic Appearances in Judicial Proceedings: Getting Closer to Universal Judicial Acceptance
By Bruce M. Brusavich
E-Discovery Update
By Richard E. Best
eDiscovery: From the Arbitrators’ Perspective
By Deborah Rothman
Oops! Did They Really Mean to Produce the Smoking Gun? What to Do with Inadvertently-produced Privileged Material
By Paul Gale and Jeremy Rhyne
The Absolute Necessity of Litigation Management Software
By Stephen L. Nelson and Carl H. Rifino
Love’s Labours Lost: The Electronic Brief, Norma Shearer & Me
By Thomas J. McDermott
Using Computer Animation 101: What you really should know as a trial attorney
By John Le Baron
Volume 21, 2008
Volume 21, Number 3, 2008: Damages
Posted in the Members Only Area
Editorial Opinion
Contractual Interpretation By Juries: Juries Are Not Supposed to Interpret Written Contracts, Or Are They?
By Hayward J. Kaiser
Book Review
By Robert and Marilyn Aitken
Editor’s Foreword
Damages: The All-Theme Edition
By Sharon J. Arkin
Point-Counterpoint: Some Reflections on the Hanif/Nishihama ‘Rules’
Editor’s Note
The Collateral Conundrum: Olsen v. Reid Frame the Hanif/Nishihama Controversy – and Suggests How It Will Turn Out
By Daniel P. Barer
Medical Special Damages ‘Incurred’ Under California Law: The Collateral Source Rule, Law of Contracts, and the Discount Myth
By Scott H.Z. Sumner
When the American Rule Doesn’t Apply: Attorney’s Fees as Damages in California Litigation
By Marc Alexander and William M. Hensley
Damages: The Importance of Distiguishing Elder Abuse
from Actions for Professional Negligence
By Russell Balisok
Staying Judgments on Appeal
By Wendy Cole Lascher
Making Another Party Pick Up the Tab: Knowing Indemnity Rights in California Can Benefit Your Client
By Mark Cumba
Volume 21, Number 2, 2008: The Great Outdoors
Posted in the Members Only Area
Editorial Opinion
Speaking of the Great Outdoors: We’re Back in Monterey
By Mark A. Mellor
Book Review
By Robert and Marilyn Aitken
Editor’s Foreword: Whither Goest?
By Sharon J. Arkin
Taking on the California Coastal Commission
By J. David Breemer
Construction Defect in Home Developments
By Raymond Paul Johnson and Thomas H. Schelly
The Impact of Green Building Initiatives on Construction Defect and Design Claims
By Ian A. Stewart
Fitting Climate Change Into CEQA: Some Relevant Legal Considerations
By James T. Burroughs and Heather S. Riley
Dispute Resolution Boards: From Construction to Bio-Tech
By Kendall C. Reed and Eric van Ginkel
Dina v. People Ex Rel Department of Transportation: The Perils of Making It Up As You Go
By Marlena Mouser and Damon Guizot
Judicial Opinion: Direct Calendaring Systems Work
By Hon. Lee Edmon and Hon. William F. Highberger
Volume 21, Number 1, 2008: Class Actions
Posted in the Members Only Area
Editorial Opinion: Professional Ethics: Beyond the Professional Rules
By Erik J. Olson
Book Review
By Sharon J. Arkin
Editor’s Foreword: Not an Easy Thing to Do
By Sharon J. Arkin
Practicing Law by the Code of the West
By Robert K. Sall
The Ethics of On-Line Client Development
By Michelle H. Frahm
Disclosure Obligations of Dispute Resolution Neutrals: Appearance or Reality
By Robert A. Holtzman
New State Insurance Certification and Disclosure Rules Narrowly Rejected — But Stay Tuned
By Tom Trombadore
Judicial Disqualification and Disclosure: Stumbling Blocks for the Litigator
By Hon. Joanne B. O’Donnell
Disqualification Dangers
By Ellen Peck
Advice to Give an Identity Theft Victim
By Andrew J. Ogilvie
Use of Offers to Compromise in Contractual Arbitration
By John H. L’Estrange, Jr. and Joseph T. Ergastolo