Appellate Law News and Insights

Ninth Circuit’s Recalibration Of Equal Protection Favors Businesses

Published: Apr 21, 2023
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On March 17, 2023, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided Olson v. California.1 Judge Johnnie B. Rawlinson, joined by Judges Danielle J. Forrest and Morrison C. England, Jr., held that because California lawmakers were overtly hostile towards certain gig economy companies and workers when...

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Proposed Changes To Federal Rule Of Evidence On Expert Witness Testimony

Published: Apr 13, 2023
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Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side's expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence ("FRE"), which stipulate that expert testimony must meet certain standards of...

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The Return Of The California Mandatory Arbitration Agreement

Published: Apr 06, 2023
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In a shocking win for California employers, the U.S. Court of Appeals for the Ninth Circuit held on February 15, 2023 that the Federal Arbitration Act (FAA) preempts California's controversial Assembly Bill 51 (AB 51), which attempted to criminalize employers' use of mandatory arbitration agreements in the Golden State. AB...

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