A divided panel of the Ninth U.S. Circuit Court of Appeals has held that two recorded jail calls, made in September 2020, in which the defendant expressed his surprise at being federally prosecuted by saying that he only “sells drugs” to “five” or “six” people were properly admitted, without a limiting instruction, during a trial at which he was accused of possessing heroin and methamphetamine on July 2, 2020 with an intent to distribute the narcotics.

Div. Three of the Fourth District Court of Appeal has held that although a statute authorizes an award of attorney fees to a successful plaintiff in a financial elder-abuse case but not to a prevailing defendant, “cost-of-proof damages” may nonetheless be imposed on the party who brought the failed litigation where the truth of matters that were proven at trial was not acknowledged by that person in responses to requests for admissions.

(Subscription required) Known for her unconventional settlement style and deep connection with litigants, Commissioner Pamela A. Davis uses a mix of patience, trust-building, and creativity to find solutions both sides can embrace.

(Subscription required) A federal judge denied a request to enjoin California laws requiring large companies to disclose emissions and climate risks, finding the measures likely constitutional despite First Amendment objections from business groups.