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8 Jan 2024, 11:50 am by Arthur F. Coon
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate challenges to the EIR for the Department of Water Resources’ (“DWR”) approval of amendments to long-term water supply contracts with local government agencies receiving water through the State Water Project (“SWP”). [read post]
8 Jan 2024, 5:50 am by Brian Finucane
” The fighting has also involved air-to-air combat, with F/A-18s shooting down Houthi projectiles. [read post]
2 Jan 2024, 4:24 pm by Eugene Volokh
During the two encounters, Tony made the following statements to Poimboeuf: "F–ked with a tractor again, you egg-headed son-of-a-b–ch. [read post]
2 Jan 2024, 2:13 am by Robin E. Kobayashi
ADJ14258730—WCAB Panel: Commissioners Capurro, Snellings, Chair Zalewski Workers’ Compensation Appeals Board (Board Panel Decision) Opinion Filed October 13, 2023 Injury AOE/COE—Substantial Medical Evidence—COVID-19—WCAB, granting reconsideration, rescinded decision in which WCJ found that decedent sustained injury in form of COVID-19 while employed by defendant as buyer on 12/4/2020, resulting in his death on 1/8/2021, and returned matter to WCJ for… [read post]
29 Dec 2023, 6:00 am by Public Employment Law Press
Claimants were further properly charged with recoverable overpayments, including for the PUA [FN2] (see 15 USC § 9021 [h]; 20 CFR 625.14), FPUC (see 15 USC § 9023 [b] [1]; [f] [2]) and LWA (see 44 CFR 206.120 [f] [5]; see also 15 USC § 9025 [e] [2]; Matter of Spring [Syracuse City Sch. [read post]
29 Dec 2023, 6:00 am by Public Employment Law Press
Claimants were further properly charged with recoverable overpayments, including for the PUA [FN2] (see 15 USC § 9021 [h]; 20 CFR 625.14), FPUC (see 15 USC § 9023 [b] [1]; [f] [2]) and LWA (see 44 CFR 206.120 [f] [5]; see also 15 USC § 9025 [e] [2]; Matter of Spring [Syracuse City Sch. [read post]
23 Dec 2023, 7:16 pm by admin
Others have gone down this dubious path before, but these authors’ embrace of the plaintiffs’ expert witnesses’ opinion in Bendectin litigation reveals the insubstantiality and the invalidity of their method.[18] As Professor Ronald Allen put the matter: “Given the weight of evidence in favor of Bendectin’s safety, it seems peculiar to argue for mosaic evidence [WOE] from a case in which it would have plainly been misleading. [read post]
23 Dec 2023, 12:38 pm by Michael Lowe
Amendment 821 Part B:  New USSG § 4C1.1 The USSC creates an entirely new sentencing guideline in Part B of Amendment 821. [read post]
21 Dec 2023, 2:31 pm by Eugene Volokh
[But i]f a victim learns a defendant has distributed child pornography and does not sue, but then later learns the defendant has done so again many years later, the statute of limitations in § 2255(b)(1)(B) does not prevent the plaintiff from bringing a claim based on that new injury…. [read post]
21 Dec 2023, 5:01 am by Eugene Volokh
She later located the passport and did not pursue the matter further. [read post]
20 Dec 2023, 1:28 am by Rose Hughes
 In the US, however, including terms such as "preferably" in the specification may unduly limit claim scope during litigation (see e.g. 212 F.3d 1241 (Fed. [read post]