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.

26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer Doctrine

Brian and Shant discuss the following cases: Legal Match.com: The attorney defendant was sued by a legal referral website for unpaid bills, but counterclaimed arguing that the contact was illegal and therefore unenforceable because the company was not registered with the State Bar as a referral service. The website argued

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25. Design Immunity; The Consumer Legal Remedies Act (CLRA) and Who Qualifies as a Consumer; Standing to Appeal a Judgment in a Class Action; Attorney Fees & the Cost of Litigation

Brian and Shant discuss the following cases: Dobbs v. City of LA (Convention Center): In terms of design immunity, to determine whether discretionary authority applies, a question of law, the Court states that as long as reasonable minds can differ, discretionary authority can be provided.  The Plaintiff lost when arguing that

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24. CIGA and the Impact on Medicare Payments; the Federal Torts Claims Act (FTCA) and Its Limitations Regarding Discretionary Functions; Indemnification of Additional Insurers; and “Rate of Compensation” versus “Rate of Pay.”

Brian and Shant discuss the following cases: CIGA v. Azar, Sec. of HHS: When Medicare has a primary claim against an insured party and the insurer becomes insolvent, state-mandated CIGA steps in but as an insolvency insurer not a secondary payor. Kim v. United States: Two young boys fall victim

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21. A Dramatic Reading of Steinbeck; An Evangelist Grandmother’s Relationship with Her Granddaughter; Compelling Arbitration and Judicial Reference; Honolulu Discount; The Five-Year Trial Rule

Brian and Shant discuss the following: The Estate of John Steinbeck: Brian and Shant do a dramatic reading of a case arising out of John Steinbeck’s estate. Crouch v. Trinity Christian Broadcast Center of Santa Ana: A look at whether a familial relationship can be used to temper the legal impact of

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20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation Privilege

Brian and Shant discuss the following: OTO v. Kho: An arbitration agreement ruled void and unenforceable due to unconscionability. Lopez v. Bartlett Care Center: A wrongful death matter that confronts the issue of agency authority and substantive unconscionability.  The Court held that an arbitration agreement signed by a daughter on behalf of

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