Archer Norris PLC

Contractual Attorney Fees Conundrum

Appearances can be deceiving, and plain, statutory language is no exception. Take Civil Code section 1717, for example, which governs contractual attorney fees. Notwithstanding section 1717’s seemingly straightforward…more

| Civil Remedies, Commercial Law & Contracts

Contractual Attorney Fee Provisions: Words Matter

This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards. As the case law demonstrates, it is easy to misapprehend how and…more

| Civil Remedies, Commercial Law & Contracts, Personal Injury

‘Tis the Season for Social Host Liability

With Christmas just around the corner, the holiday season is well underway. For many, this means that the next few weeks will be filled with buying and wrapping gifts, baking and decorating cookies, listening to festive holiday…more

| Personal Injury

Fly Fishing and the Appellate Lawyering Life

What do fly fishing and appellate practice have in common? In his article, “Fly fishing and the appellate lawyering life,” Gary A. Watt, one of our certified appellate specialists and a fly fishing enthusiast, offers his…more

| Law Practice Products & Services

Thriller?

The verdict is in. AEG Live is not liable in the Michael Jackson wrongful death suit. An appeal is a foregone conclusion. But will an appeal be a "Thriller?" The standards of review tend to reduce the possibility of…more

| Civil Procedure, Personal Injury

Abracadabra

Misdirection is a form of deception employed by magicians to focus the attention of an audience on one thing in order to distract its attention from another. For example, a magician announces that he is going to make a donkey…more

| Civil Procedure

What the Dickens is the law?

If a trial court issues a ruling based on a single appellate court opinion, and that opinion later gets depublished, what happens to the trial court’s ruling? This was the question in a recent appellate decision, Farmers…more

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Reconsideration: A Possible Side Effect of Depublication

Under the California Rules of Court, rule 8.1125(c), the Supreme Court has the discretionary power to depublish an opinion at any time. Recently, the California Court of Appeal held that, when this happens, depublication can…more

| Civil Procedure

Sign Here

In 2006 the Legislature amended Code of Civil Procedure section 998 to state that "The written offer shall include . . . a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that…more

| Civil Procedure

Trial Puts The Brakes On Admitted Liability Case

Any day you get served with a lawsuit is not a good day for your business. By taking immediate action and an active defense role, we increase our clients’ chances of achieving the best possible outcome, as the following case…more

| Civil Procedure, Labor & Employment Law, Personal Injury

Flag on the Play

Football coach Vince Lombardi famously opined that, “Winning isn’t everything; it’s the only thing.” This mantra captured the public’s imagination during Lombardi’s reign as coach of the Green Bay Packers in the 1960s, becoming…more

| Civil Procedure, Commercial Law & Contracts

Multiple 998 Offers: First? Last? Any?

Earlier this week, the state Supreme Court decided Martinez v. Brownco Construction Co. Inc., S200944. The issue was when it comes to two or more valid CCP section 998 offers, each of which is exceeded by the amount of the…more

| Civil Procedure, Civil Remedies

What's In a Word?

If you have a federal practice, chances are you have encountered Ninth Circuit opinions written by Circuit Judge Ferdinand F. Fernandez. For the uninitiated, Judge Fernandez has made a career of teasing readers by sprinkling…more

| Civil Procedure

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