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15 Nov 2024, 11:59 am
If we were to hold that Moss Adams’s unilateral stipulation satisfied its burden of proof under Verdugo, it would have little incentive to take the jury waiver out of the agreements it provides to California clients. [read post]
9 Apr 2007, 3:23 am
Eyler, Jr.From the official headnote:ZONING - CRITICAL AREA PROGRAMAmendments to State and county critical area laws, absent an express statement as to prospective or retrospective application, apply to matters pending and not yet decided by the agency responsible for de novo decision making.When a board of appeals denies an application for a variance, and the property owner has a legal right to build on the property, but cannot do so without a variance, it is not sufficient for the Board… [read post]
11 Jul 2023, 11:43 am by David Super
  Nine years after Bakke, McCleskey v. [read post]
11 Sep 2024, 1:42 pm by Unknown
Mohegan Tribal Gaming Authority (Premises Liability; Burden of Proof) State Courts Bulletin https://www.narf.org/nill/bulletins/state/2024.html State ex rel. [read post]
19 Feb 2015, 2:37 pm
The CJEU’s ruling in DHL v ChronopostThe CJEU made it manifestly clear in its 2011 ruling in Case C-235/09 DHL v Chronopost [see previous Katpost here] that a Europe-wide injunction should only be granted in order to ensure that the proprietor can protect his trade mark, prohibiting only uses which affect or are liable to affect the functions of the trade mark. [read post]
4 May 2011, 5:35 am by Susan Brenner
The Court of Appeals explained that Canady bore the burden of proving that Fields was acting as an agent of the state. [read post]