Civil Action Podcast

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Civil Action is where law meets power. Join attorneys Brian Kabateck and Shant Karnikian as they dive into the legal and political forces shaping our world right now. With decades of experience in the courtroom and cases across the country, they unpack the real stories behind the headlines — exposing how the legal system shapes, and is shaped by, the world around us. It’s not just analysis. It’s a front-row seat to the battles defining justice in America.

Civil Action: Trump-Era Attacks on Judges Raises Alarms

Attorneys Brian Kabateck and Shant Karnikian discuss the dangerous trend of personal attacks on judges, particularly during the Trump era. They explore how judges cannot defend themselves due to ethical constraints, why other judges take these attacks personally, and how political rhetoric undermining judicial authority threatens the entire system of

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58. Civil Procedure Cases Pt. 4

Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact. Lucky Brands v Marcel Fashion (2nd Ct. of Appeals) A Defense Not Previously Raised is Precluded from Future Assertion Nguyen v Ford (6th DCA) In a Legal Malpractice Case, Tolling Only

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57. Insurance Cases Part 2

Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies. Mosley v. Pac Specialty Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property 501 E 51st Street v Kookmin Best

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BONUS CONTENT: Vandalism & Civil Unrest with Michael Childress

. Brian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP. Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael

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55. Personal Injury Cases Part 2

Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute. Insalaco v Hope Lutheran Church (1st DCA)

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54. Attorney Fees Cases

Brian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions. Mikhaeilpoor v BMW of North America (2nd DCA) Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney Vargas v Howell (9th Circuit) A Civil Rights Matter Involving a Minor

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53. Arbitration Cases

Brian and Shant discuss Unconscionability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award Dougherty v. Roseville Heritage (5th DCA) Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case Dennison v. Rosland Capital (2nd DCA) How Lack of Mutuality is Unconscionable

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BONUS CONTENT: Insurance Fear Mongering with Michael Childress

Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice.  Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry.  The team discusses these problems and discuss how the shift from service

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51. Consumer Protection Cases Part 2

In Re Facebook Inc Internet Tracking (9th Circuit) Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes Reynolds v Ford Motor Co (1st DCA) Lemon Law Claims and the Proper Measure of Fees Waller v FCA US LLC (2nd DCA) Admissibility of An Expert’s Opinion Luna v. Hansen (9th Circuit) The

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50. Civil Procedure Cases Part 3

Nationwide Biweekly v. Superior Court (CA Sup. Ct.) The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case. Calucci v. T-Mobile (4th DCA) Punitive Damages—a good primer on punitive damages. LN Management LLC v. JP Morgan (9th Circuit) Whether Dead People Can Be Sued—spoiler alert. .

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