Recent Articles

Interesting Law.com Article Regarding Blogging

Kimberly Amick
October 06, 2008 19:40

CC Holland, special to Law.com, wrote an interesting feature today entitled, "Where Are All the Female Bloggers."  I was interviewed for the article, and have to admit, I hadn't recognized that there was an apparent lack of female bloggers until Ms. Holland asked me about it. ...

Exploring The Decision To Retain an Appellate Lawyer

Kimberly Amick
August 22, 2008 17:26

Greg May, over at the California Blog of Appeal, is starting a new series on the reasons why attorneys, and more importantly their clients, are sometimes reluctant to hire appellate counsel.  Sure to spark an interesting conversation . . . check it out here.

First District Clarifies Affirmative Conduct Under Privette/Toland

Kimberly Amick
August 12, 2008 17:41

Yesterday, the First District issued a published opinion in Madden v. Summit View clarifying the state of existing law regarding the Privette/Toland doctrine and the level of affirmative conduct necessary to impose liability on a general contractor for injuries to an employee of an subcontractor....

Congratulation to Ric Blumhardt On Award Of Specialization In Appellate Law

Kimberly Amick
August 06, 2008 17:52

Congratulations to Ric Blumhardt of Archer Norris who is now officially an appellate specialist, certified by the California State Bar.  Ric has been my mentor and teacher for years.  Its a highly deserved accreditation and we are all very proud and excited for him as he leads the growth...

To Reply, Or Not to Reply

Kimberly Amick
August 01, 2008 00:42

Mike McKee at the Recorder wrote an interesting article yesterday about the reply brief on appeal.  Apparently, it is a controversial document, with some judges bemoaning another fifteen pages reiterating appellant's arguments and others claiming that it is the first document they read. The...

Supreme Court Holds That Defense Obligation In Indemnity Agreement Is Separate From Indemnity Obligation

Kimberly Amick
July 22, 2008 20:50

On a more serious note than clapping jurors (see previous post), the Supreme Court published its ruling in Crawford v. Weather Shield Mfg., Inc. yesterday, explaining that, in the context of indemnity agreements, a contractual duty to defend may be separate and distinct from the duty to...

Ouch ... Clapping Juror Following Closing Argument Is Not Prejudicial

Kimberly Amick
July 22, 2008 19:58

Yesterday in Bandana Trading Co., Inc. v. Quality Infusion Care, Inc., the Second District held that a juror's clapping during closing argument in response to counsel's reminder that the jury could disregard testimony by a witness it believed was not credible did not prejudice appellant's...

Attorney General Files Suits Over "Organic" Label

Kimberly Amick
July 01, 2008 20:38

Interesting new spat of lawsuits over the labeling of organic products.  According to an article in the National Law Journal yesterday, the California Attorney General filed five suits yesterday; including one against Whole Foods for including allegedly cancer-causing ingredients in...

Third District Dismisses Appeal From Judgment As Untimely -- Appellant Should Have Appealed Trial Court's Alternative Decree

Kimberly Amick
July 01, 2008 18:44

Yesterday, the Third District determined that the time for filing an appeal was triggered by the court's alternative decree regarding dissolution of the parties' limited liability company, rather than from the final judgment on plaintiff's dissolution complaint. Sometimes the timing for filing a...

Supreme Court Splits in Baker v. Exxon Shipping Decision

Kimberly Amick
June 26, 2008 00:06

This article was submitted by Jonathan W. Thames at Archer Norris.The US Supreme Court today released a very significant decision on maritime punitive damages in the Exxon Valdez case, Baker v. Exxon Shipping. The Court granted certiorari to address three issues: (1) whether the general...