Posts tagged with: "158"
Results 1 - 17 of 17
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
13 Jan 2012, 8:00 am by emagraken
Section 158 of the Motor Vehicle Act prohibits drivers from passing vehicles on the right except in limited circumstances.  Reasons for judgement were released this week by the BC Court of Appeal discussing this prohibition in the context of a personal injury lawsuit. In this week’s case (Smeltzer v. Merrison) the Defendant was travelling Northbound.  There was one Northbound lane of traffic which was backed up with other vehicles.  The traffic lane widened as it approached in intersection… [read post]
16 May 2012, 6:34 am by emagraken
Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, dealing with the issue of fault following a collision caused by an unidentified motorist. In last week’s case (Orminston v. ICBC) the Plaintiff was involved in a 2009 cycling collision. As he proceeded down hill a vehicle ahead of him in his lane of travel “was almost stopped at the centre line”. The Plaintiff had room on the right side of the vehicle and attempted to pass. As the Plaintiff did so the… [read post]
1 Jun 2012, 7:42 am by emagraken
Further to my recent article on this topic, cyclists passing a stopped vehicle on the right can be faulted for a resulting collision.  This was demonstrated in reasons for judgement released this week by the BC Supreme Court, Vancouver Registry. In this week’s case (Kimber v. Wong) the Plaintiff cyclist was approaching a T intersection.  A vehicle was stopped in his lane of travel leaving a gap for the Defendant who was driving in the opposite direction intending to make a left hand turn.… [read post]
1 Aug 2009, 1:13 pm by Av. Şamil DEMİR
Türk Ceza Kanunu’nda düzenlenen Bili?im Suçlar? ba?l?ca dört maddede yer almaktad?r. Bunlardan ikisi h?rs?zl?k (TCK. m. 142/II/e) ve doland?r?c?l?k (TCK. m. 158/I/f)  suçlar?n?n nitelikli hallerini düzenleyen maddelerdir. Bu maddeler nitelikli h?rs?zl?k ve doland?r?c?l?k te?kil eden suçlar?n bili?im sistemleri kullan?lmas?yla nitelikli … Okumaya devam et ? [read post]
7 Feb 2011, 10:50 am by Barger & Wolen LLP
by Marina Karvelas On February 4, 2011, California Insurance Commissioner Dave Jones released draft guidelines for implementing SB 1163 (“Guidance 1163:2”). SB 1163, signed by former Governor Schwarzenegger on September 30, 2010, responds to the federal Patient Protection and Affordable Care Act (“PPACA”), which requires the United States Secretary of Health and Human Services to establish a process for the annual review of “unreasonable” increases in premiums for health insurance… [read post]
13 Nov 2013, 2:00 am by Keith Paul Bishop
If a corporation has four directors and two shareholders, one owning 60 shares and the other owning 40 shares, it seems obvious that the majority shareholder should be able to elect a majority of the board of directors.  Actually, the obvious answer is wrong.  This scenario could end a stalemate every bit as intractable as the electoral college vote in 1801.  Here’s how this can happen. Under cumulative voting, which is the rule for most California corporations and… [read post]
26 Mar 2013, 2:00 am by Keith Paul Bishop
Yesterday’s post discussed how the meaning of “must” in Nevada Revised Statutes can depend upon whether a verb is in the passive voice.  Here in California, I’ve made frequent sightings of discussions of the passive voice in opinions, including the following: Capo for Better Representation v. Kelley, 158 Cal.App.4th 1455 (2008) (“The Legislature could have used the vaguer, passive voice for the residence requirement (e.g., “Each… [read post]
28 Oct 2013, 9:41 am by Annie Notthoff
Annie Notthoff, California Advocacy Director, San Francisco office and Sacramento Note: I will update this after the announcement (hopefully by 4:30 p.m. PT). This afternoon, the governors of California, Oregon, Washington, and the premier of British Columbia will sign an ambitious Pacific Coast climate and energy action plan that will encompass a population of 53 million in the world’s fifth-largest economic region. Although the details aren’t being publicly… [read post]
15 Oct 2013, 3:00 pm by Simon Mui
Simon Mui, Scientist, Clean Vehicles and Fuels, San Francisco The production and use of petroleum-based fuels are responsible for approximately half of the state's entire carbon emissions. While the substitution of cleaner energy sources for crude oil, like advanced renewable fuels made from agricultural waste, is a key strategy to reduce carbon pollution, it is also important to employ technologies that can directly reduce the pollution generated from crude oil extraction and… [read post]
25 Jun 2010, 11:20 am by Matthew Scarola
DISCLOSURE: Howe & Russell and Akin Gump represented the petitioner in this case, but I was not involved in the proceedings. Under 28 U.S.C. § 2244(b), state prisoners seeking federal habeas relief are prohibited from filing certain “second or successive” applications for relief, even if the claims made in those applications are meritorious. Yesterday, in Magwood v. Patterson (No. 09-158), the Court held that when a state prisoner obtains federal habeas relief and is re-sentenced, a habeas… [read post]
9 Nov 2010, 2:04 pm by emagraken
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, discussing the issue of fault for intersection crashes governed by a flashing green light. In today’s case (Nonis v. Granata) the Plaintiff was involved in a collision with the Defendant’s vehicle.  The crash happened at a busy intersection in Burnaby, BC.  The Plaintiff approached an intersection which was governed by a stop sign in his direction of travel.  He left the stop sign and attempted to… [read post]
27 Jan 2014, 2:00 am by Keith Paul Bishop
One of the California Attorney General’s many responsibilities includes the rendering of legal opinions to state and local officials and government agencies concerning legal questions relating to their offices.  Cal. Gov’t Code § 12519.  Recently, Assembly Member Jeff Gorell requested an opinion on the following question: Under what circumstances does an owner-operated business with no employees nevertheless constitute a “place of employment”… [read post]
3 Feb 2011, 8:35 pm by emagraken
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, deciding the issue of fault for a two vehicle collision. In today’s case (Tang v. Rodgers) the Plaintiff was travelling on West 33rd Avenue in Vancouver when he was struck by the Defendant’s vehicle.  There was one lane in the Plaintiff’s direction of travel at the scene of the collision.  The Plaintiff attempted a right hand turn into the driveway to his residence.  At this time the Defendant was… [read post]
25 Apr 2012, 7:51 am by emagraken
As previously discussed, having the right of way does not automatically result in a driver being found faultless for a collision.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating this. In this week’s case (Matheson v. Fichten) the Plaintiff was a passenger in a Northbound vehicle in a designated left hand turn lane.  The advance green arrow ran its course resulting in a green light for North and south bound traffic.  The driver proceeded… [read post]
1 Apr 2014, 8:00 am by Simon Mui
Simon Mui, Scientist, Clean Vehicles and Fuels, San Francisco Despite the foot-dragging and dire predictions from California’s oil lobby, the state’s groundbreaking Low Carbon Fuel Standard (LCFS) is reducing carbon pollution and will save consumers $837 million per year by 2020 as a result of increased diversification and competition of fuel suppliers, according to a study published this week. The authors, economists Jasmin Ansar and Roger Sparks with Mills College,… [read post]
29 Aug 2013, 7:58 am by emagraken
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing the issue of fault for a collision involving a right hand turning vehicle and a cyclist attempting to pass the vehicle on the inside lane. In this week’s case (Nelson v. Lafarge Canada Inc.) the Plaintiff was “cycling hard and fast alongside the Truck as the two approached the Intersection in tandem.  Mr. Nelson’s speed exceeded the Truck’s and it is apparent he… [read post]
5 Nov 2013, 8:59 pm by Amy Howe
Today’s oral argument in Bond v. United States was a spirited one, but one that sounded a lot more like a law school lecture than the daytime drama suggested by the facts of the case.  (My Plain English preview of the case is available here.)  And at the end of that lecture, and despite the government’s fervent defense of the laws at issue in the case as an essential part of the nation’s efforts to combat chemical weapons, including in the ongoing conflict in Syria, it… [read post]