Articles
D.Z. v. LAUSD: "There is Zero Evidence!" (Because I Moved To Exclude All Of It)
"Absence of evidence is not evidence of absence." The late astronomer Carl Sagan popularized this quote when contemplating our existential role in the cosmos. Donald Rumsfeld revived it—along with his less catchy line about "unknown unknowns"—to rationalize the Iraq invasion because of suspected weapons of mass destruction.
What does any of this have to do with last week's D.Z. v. Los Angeles Unified School Dist., No. BC484110, 2019 WL 2098674 (Cal. App., 2nd Dist. May 14, 2019) opinion?
Nothi...
When It Gets Awkward: "Your Honor, I Respectfully Object ... To Your Question."
"Nobody ever went to a ballgame to see the umpire," Chief Justice John Roberts declared in the opening remarks to his own confirmation hearings. He is right. It would be a head-scratching moment to go to Dodger Stadium and at the end of a complete game shutout, see Clayton Kershaw high-five his teammates ... and the home plate umpire?
The same goes with jury trials. Advocacy comes from the lawyers. While judges can examine witnesses, they are not to put their thumb on the scales of justice when...
David Sugden
Dave is a business trial lawyer who is an ABOTA member and has been recognized from 2020 - 2023 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40”.
He has represented business entities both as a plaintiff and defendant throughout the country.
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