CONTENTS HIGHLIGHTS Summary of Developments 127 Featured Article 132 Supreme Court Watch 136 Judge's Perspective 138 Developments 141 Arbitration and Mediation 141 Attorneys and Courts 144 Civil Procedure Before Trial 147 Civil Procedure During Trial 152 You've Got to Know When and How to Ask: A Look at Eight Years of "Certified" Questions to the California Supreme Court 132 James C Martin and Benjamin G Shatz If you are writing a brief to the supreme court in support of certification, underscore why resolution of the proposed question will have special importance to California's jurisprudence and widespread application beyond · your particular dispute Judge's Perspective: Effective Use of Motions in Limine 136 The Honorable George P Schiavelli The motion in limine can be a powerful weapon in the lawyer's arsenal and may, if used properly, so weaken the opponent's case that a favorable settlement or verdict results Supreme Court Watch: Checkmate in Two? California Supreme Court Issues Major Punitive Damages Opinions 139 Christina J lmre Civil Procedure After Trial 152 Civil Rights and Constitutional Litigation 155 Contractual Litigation 156 Employment Litigation 156 Insurance Litigation 159 Tort Litigation 160 With this decision holding that class action waivers in consumer contracts of adhesion are unenforceable, California becomes a friendly jurisdiction in which to maintain class action arbitrations · 168 Jevne v Superior Court 143 Ruth V Glick Table of Reported Cases By their narrow interpretation and application of Campbell, these two decisions-when read together-breathe new life into plaintiffs' punitive damages claims Discover Bank v Superior Court 142 Ruth V Glick Jevne follows the Ninth Circuit decision in Credit Suisse First Boston Corp v Grunwald, which held that the California Ethics Standards not apply to National Association of Securities Dealers' arbitrations because they are preempted by the Securities Exchange Act Civil Litigation Reporter (ISSN 0199-0802),Volume27, Number (August 2005) Published six times year in February, April, June, August, October, and December by Continuing Education of the Bar-California, University ofCalifornia~.Mailing address: CEB Civil Litigation Repc.)rter,C>epartment Civ J_R, 300Frank H , Ogawa Plaza; Suita410;0akland, CA 94612 ,J;;,; Periodicals Postag~ Paid at okkialld, taHfprllia, '?nd additionai;"' mailing offiCes POSTMASTER: Serid address changes to Cus- C: tomer Service, 300Fran~H bgawaPiaza, Sui.te 410, Oakland,::· a JAMES C MARTIN BENJAMIN G SHATZ James C Martin, of Reed Smith LLP, is a member of the firm's appellate group and of the American and California Academies of Appellate Lawyers He is a certified appellate law specialist Benjamin G Shatz, formerly with Reed Smith's appellate department in Los Angeles, is now with the Appellate Practice Group of Manatt, Phelps & Phillips He is a certified appellate specialist and a member of the Los Angeles County Bar Association's Appellate Courts Committee 94612 cA ~~ntrib~ti1·J·~~itb~Z:rThls Issue.ÃÃà :~:{ư ' à à Ããà >JÃ~rf,~Đ'8YI\4~rtih 'Ã'.F;.Ããf;_!"\ÃÃÃà à : · >Reed Srnith' cEB is Self-Supporting: CEB receives no subsidy from Sta:te,fii, Bar dues or from any other source CEB's only financial support