In January 2016, the Second Appellate District of the California Court of Appeal decided a case in which the issue was essentially caused by the Legislature’s refusal to fund the judiciary. In Castillo v DHL Express (USA) et al, Case No. B25843, ( B258432 ) plaintiff filed a class action complaint alleging [Read More]
In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief [Read More]
I never really thought about Implicit Bias being the flip side of Diversity or of Diversity being the antidote to Implicit Bias until I read two articles recently. One was in the December 2015 issue of the American Bar Journal (ABA) entitled “Battling Bias” by Stephanie Francis Ward discussing a [Read More]
(Spoiler alert: Today's blog has nothing to do with mediation!) Once again, the California Legislature was hard at work. They passed 807 laws. As in past years, some are good while others make one wonder about the motivation behind them. Below is a synopsis of some of them. All of them [Read More]
The end of 2015 has occurred and with the start of 2016, many of us will make one or more resolutions to do something different, e.g. lose weight, get more exercise, or change our life in some small or not so small way. For the first few weeks of 2016, we will [Read More]
On December 10, 2015, the California Law Revision Commission (CLRC) met in Los Angeles, Ca to discuss the concept of in camera review as part of its tentative recommendation to create an exception to mediation confidentiality for attorney malpractice and other misconduct. (Since 2012-2013, the CLRC has been extensively studying [Read More]
If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought : System 1 which we use to get through the day; it is [Read More]
Are you superstitious? Do you wear a “lucky” piece of clothing when you need the “gods” to be with you or have a “lucky” charm that you use or hold dear when you hope and pray that a certain event turns out as you want it to? If so, you [Read More]
