Articles

02.22.19

An Eighth Amendment Takings Case

“We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by ...


02.22.19

Berger Writes for Daily Journal About Indiana Takings Case and Fourteenth Amendment Due Process

“We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by ...


02.12.19

Holy, Holey Rules!

“The primal myth runs thusly: In the beginning, chaos blanketed the universe of California appeals. Papers were filed whenever, in whatever format, and the whims of lawyers and caprices of judges reigned. Then came the revered savior Bernie (that’s Witkin, not Sanders) to impose order ...


02.12.19

Does Brady Extend to Private Lawyers, Foreign Investigators?

“More than 50 years ago, the state of Maryland convicted John Brady of murder without disclosing that Brady’s colleague had already confessed to the same homicide. Today we find such conduct shocking and contrary to a prosecuting office’s duty to ensure ‘not that it shall ...


01.30.19

The Case of the Public Pissoir

“I am going to skip our usual examination of the most recent regulatory takings cases because there is a fascinating land use case that comes to us from San Francisco. The French have added many things to our culture over the years, but this—at least as to its appearance in an appellate ...


01.18.19

Changing Exposures and Risks Posed by the Consumer Privacy Act: What You Need to Know and What Lies ...

“With the cybersecurity landscape constantly evolving and changing, the pressure to protect consumer privacy rights is increasing. A reflection of this concern is the California Consumer Privacy Act (CCPA). While the CCPA is not effective until January 1, 2020, at the earliest, it is ...


01.17.19

New 1332 Guidance Gives States Lots to Think About

While Democratic victories in the U.S. House have fueled national conversations about some variant of Medicare for all, most of the policy change in the near term is likely to continue to be at the state level.


01.14.19

Why Apple Customers Lost a Suit Over Storage Capacity

“Last November, for the second time, a California federal court judge dismissed a lawsuit filed by three Apple Inc. customers alleging that the tech giant falsely advertised the storage capacity of its iPhones and iPads. The plaintiffs claimed that despite marketing Apple products running on ...


01.02.19

Walking Dead Appeals

“Happy New Year! As our annual circle restarts, your billable hours or collections figures have reset to zero, and we begin anew. Like people, litigation and appeals have lifecycles too. They are born with complaints—or notices of appeal—and die with final judgments—or ...


12.09.18

This Is What NYC’s Public Advocate Should Be

“The Public Advocate’s race in New York City to succeed Tish James, following her election as Attorney General, provides a real opportunity for the voters of New York City to take control of this contest. If voters are looking for a lever to gain that control I have an idea: make the ...