Recent Articles

Pelton-Shepherd Industries v. Delta Packaging Products (Cal. Ct. App. - Aug. 19, 2008)

Shaun Martin
August 20, 2008 03:54

Here's a wonderful review of what can go wrong in discovery. Especially if you leave it until right before trial. As well as a fairly comprehensive review of the relevant provisions and deadlines for motions to compel.You'll also view some fairly strong language by Justice Robie regarding the...

Oltman v. Holland America (9th Cir. - Aug. 19, 2008)

Shaun Martin
August 19, 2008 17:51

Want to see the Ninth Circuit go out of its way to be nice to a civil litigant in order to prevent inequity? Then check this out. Especially Section B and -- in particular -- footnote 4.I happen to agree with Judge Clifton's resolution. But I'm also certain that not every judge would be...

U.S. v. Jaeger (9th Cir. - Aug. 18, 2008)

Shaun Martin
August 18, 2008 23:18

I agree with Judge Graber in this one. It's one thing for a judge to threaten a witness and intimidate him or her into not testifying. It's quite another to do what Judge Molloy (up in Montana) does here. Which I took as trying -- honestly and sincerely -- to protect and look out for the best...

U.S. v. Park (9th Cir. - Aug. 11, 2008)

Shaun Martin
August 18, 2008 20:06

Hmmm. At first, Judge McKeown had me totally convinced she was right. But then I thought: "Wait a minute, I'm not so sure." And that's still where I am.Let me first just totally agree with Judge McKeown on the central point. Or at least on the point as Justice McKeown articulates it. Defendants...

Lockerby v. Sierra (9th Cir. - Aug. 7, 2008)

Shaun Martin
August 15, 2008 20:52

Judge Hawkins is correct. The defendant here should indeed get a discharge. Even a deliberate breach of contract -- here, of a routine settlement agreement -- doesn't constitute a willful tort.Nonetheless, anyone who's thinking of hiring Tucson, Arizona attorney Alexander L. Sierra to do anything...

People v. Nelms (Cal. Ct. App. - Aug. 14, 2008)

Shaun Martin
August 14, 2008 23:36

It's an unusual case in which a convicted defendant will want to abandon his appeal and yet the Court of Appeal will refuse to allow him to do so. But it happens. Even in non-death penalty cases.Can't think of an example. Here's one.

People v. Muniga and People v. Wallace (Cal. Supreme Ct. - Aug. 14, 2008)

Shaun Martin
August 14, 2008 18:12

Two death penalty opinions from the California Supreme Court this morning. With striking similarities.Both involve a first-degree murder committed during a residential burglary. Both involve elderly women killed in their homes -- the first, Hazel Hamilton, was a 83-year old widow, and the second,...

Christian Research Inst. v. Alnor (Cal. Ct. App. - Aug. 13, 2008)

Shaun Martin
August 13, 2008 23:24

Imagine that you're a lawyer with, say, Ross Dixon & Bell. Hypothetically, of course, say you're Kevin Kieffer,Becki Kieffer, Jennifer Mathis, Jenece Solomon, or Michael Gower (full disclosure: Mike's a former student of mine). Or say you're Peter Eliasberg, who's with the ACLU Foundation of...

Winfred D. v. Michelin North America (Cal. Ct. App. - Aug. 8, 2008)

Shaun Martin
August 13, 2008 17:36

Bigamy? I'm not even sure that's a crime anymore.But if you decide to introduce evidence of it to impeach the plaintiff in a closely-contested civil case, it nonetheless remains grounds for a reversal of the judgment in favor of the defendant.Lesson: When you ask the Court to introduce inflammatory...

D'Lil v. Best Western Encina Lodge (9th Cir. - Aug. 12, 2008)

Shaun Martin
August 12, 2008 22:23

It's yet another case -- indeed, the second one today (the first one is here) -- involving a repeat ADA plaintiff. The district court thought that plaintiff wasn't credible. Neither do I.Whether the particular record here is clear enough to so find is a matter of dispute between the majority...