Civil Action with Brian & Shant
Government
Today Brian and Shant discuss why businesses and corporate America tend to support conservative Supreme Court justices... spoiler alert: they don't care about social issues. While big businesses often take more progressive stances on hot-button social issues like abortion and gay rights, businesses nevertheless fund conservative agendas so they can ensure a legislature and judiciary who are going to take more “pro-business” stances on cases, whether they involve consumer protection, workers rights, or the enforcement of arbitration.
Brian and Shant discuss some of the historical arc of pro-business decisions including the recent West Virginia v. Environmental Protection Agency in 2022 which limits the power the EPA has to regulate carbon emissions and the AT&T Mobility LLC v. Concepcion in 2011 which expanded the scope of the Federal Arbitration Act to say that companies could in fact include class action waivers in their arbitration agreements with employees and consumers, even if it is against state law.
Hear how a conservative court isn’t always consistent on issues of State vs Federal law, often ruling in favor of reducing states rights when it comes to regulations on business but then shifting power back to the states when it comes to social issues or individual freedoms.
Finally, hear their thoughts on why Democrats have had a difficult time with their political messaging and how they can turn things around in hopes of eventually shifting the court to be less packed with conservative leaning justices.
BONUS CONTENT: Interview with Andy Speilberger at the 2019 CAOC Convention in San Francisco
26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer Doctrine
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
24. CIGA and the Impact on Medicare Payments; Federal Torts Claims Act (FTCA); Indemnification of Additional Insurers; Legislative Difference Between “Rate of Compensation” and “Rate of Pay”
BONUS CONTENT: Interview with Taylor Rayfield at the 2019 CAALA Convention in Las Vegas
23. Legal Malpractice Cases; The Joint Employer Doctrine; The Future of Dynamex and the Gig Economy
BONUS CONTENT: Interview with Michael Childress at the 2019 CAALA Convention in Las Vegas
22. Lawyers Trying to Fend Off Bad Reviews; Narrowing of the Joint Employer Doctrine; Challenges in Certifying a Class
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
BONUS CONTENT: Interview with Jake Courtney at the 2019 CAALA Convention in Las Vegas
20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation Privilege
BONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las Vegas
19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th Century
BONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las Vegas
18. More Bad Decisions Regarding Arbitration
BONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las Vegas
Create your
podcast in
minutes
It is Free
City Manager Unfiltered
Potencial Americano
The ASIC Podcast
The Chris Plante Show
Red Eye Radio