An Arbitrator Cannot Appear Biased
- by M. Laurie Murphy
Like a judge presiding over a trial, an arbitrator charged with arbitrating a dispute must not only treat all parties fairly, but must avoid doing anything that might suggest his or her decision was affected by bias.
If “Sole Custody” Conflicts With “Best Interests”
- by Jessica Stemple
In a divorce, custody of children may be awarded jointly to the former couple or, if circumstances warrant, a court may give sole legal custody to only one of the parents. But what happens if a parent with sole custody makes a decision that the other parent thinks is not in the best interests of the child?
When Deadlines Can Turn Deadly
- by M. Laurie Murphy
Most businesses need work to be performed on a schedule, and this can be especially true in the entertainment industry, with its opening nights and “the show must go on” tradition.
Is DIY Law OK in Probate Court?
- by Lynda I. Chung
It is a scene certain to show up at least once a season in any TV crime series: the accused, unhappy with his or her attorney, stands up and demands the right to appear “in pro per” – to act on their own behalf. While it may make for great on-screen drama, in real life, litigants who represent themselves usually don’t fare much better than do-it-yourself surgeons.
A Contract Dispute or a First Amendment Conflict?
- by David Krol
California law prohibits a lawsuit which is designed to chill the exercise of acts in furtherance of the right of free speech about matters of public interest. That lawsuit is called a “SLAPP”, an acronym for “Strategic Lawsuit Against Public Participation,” and the California law is called the “anti-SLAPP statute.”
Did COVID Trigger “Force Majeure” Clauses?
- by M. Laurie Murphy
The COVID-19 pandemic was declared over in May of 2023, but its effects are still being felt – not only by some unfortunate individuals, but also in our court system, as litigants battle over the economic impact of the disease and of government efforts to control it.