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PMQ Declarations, Extortion & AI Judges
Manage episode 354725914 series 3344448
Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Tim Kowal & Jeff Lewis, Tim Kowal, and Jeff Lewis 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
On this cases-and-tidbits episode, Jeff Lewis and I discuss:
- Ramirez v. Avon Products: There is no “corporate representative” or PMQ exception to hearsay and foundation objections. So summary judgment had to be reversed.
- Flickinger v. Finwall: Do you ever worry your prelitigation demand letters may be construed as extortion? I mean, Flatley v. Mauro shows the letter has to be really bad, but some judges find extortion where there isn’t any. That can be chilling. Which may be why the Court of Appeal published this recent opinion finding no extortion, thus reversing the trial court.
- Are DVRO or CHROs prior restraints on speech? Czodor v. Luo (Jan. 10, 2023, G060756) suggests narrowly tailoring the restrained speech to statutory abuse.
- Could AI tell the difference between extortion and a permissible demand letter? We discuss one attorney’s proposal that judges replace their law clerks with AI.
- Mitchell v. Mitchell (Jan. 27, 2023, A164780) reminds us that attacking trial court or opponent is not a viable strategy.
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Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.
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Other items discussed in the episode:
- Summary Judgment Not Appealed, But Reversed Anyway in Magyar v. Kaiser Permanente Medical Center (D2d2 Jan. 23, 2023 No. B315353) 2023 WL 355173 (nonpub. opn.)
- Nice language from a published opinion here about writ relief, via Ben Shatz’s SoCal App. News blog.
- SCOCA grants review in 2 civil cases, including the reversal of the $2.5M sanctions award in Los Angeles v. PricewaterhouseCoopers, via David Ettinger’s At the Lectern blog.
- $69k appellate sanctions imposed, via Ben Shatz’s SoCal App. News blog.
- Debate in the 3d Circuit about whether the filing deadline should be midnight or 5 p.m., via Ben Shatz’s SoCal App. News blog.
- Videos from this episode will be posted at Tim Kowal’s YouTube channel.
128 에피소드
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