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28 Oct 2019, 1:12 pm by Arthur F. Coon
  An expert biological assessment concluded that special status species on or offsite would not be affected if best management practices (BMPs), such as silt and erosion control measures, were implemented during and after construction. [read post]
3 Oct 2019, 3:51 pm by Arthur F. Coon
City of San Mateo (1989) 207 Cal.App.3d 1180, 1185, 1190, which involved a complaint challenging a housing project that named only the city and fictitious defendants, but included city council minutes that disclosed the developer; the Court of Appeal there affirmed a judgment entered after a demurrer was sustained on statute of limitations grounds for failure to timely name the developer, explaining that “[s]ince appellants were not ignorant of the developer’s true name, they… [read post]
30 May 2019, 1:09 pm by Lawrence B. Ebert
Apple, Inc., 832 F.3d1355, 1360 (Fed. [read post]
20 May 2019, 9:11 am by MOTP
PLS Financial Services, Inc., however, a federal district court and the Fifth Circuit reached the opposite conclusion in a proposed class action presenting the very same litigation waiver question under almost identical factual circumstances, 689 Fed.Appx. 800 (5th Cir. 2017) (per curiam).How should these cases be counted? [read post]