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17 Oct 2021, 8:08 am
Second, the Magistrate found that even if the prime contractor acted inconsistent with its right to arbitrate by initiating the Louisiana lawsuit, this would not matter because there was no prejudice to the subcontractor. [read post]
16 Jan 2017, 1:00 am
In the Matter of EV (a child) (Scotland); In the Matter of EV (a child) No.2 (Scotland), heard 12 January 2017. [read post]
18 Nov 2010, 1:48 pm
There is an absolute prohibition as a matter of law and policy. [read post]
29 Aug 2011, 8:39 am
” Miller–Davis Co. v. [read post]
7 Jan 2025, 11:49 am
West Whitby Justices Brown, Huscroft and Miller together explain in West Whitby why Re Sault Dock should no longer govern whether the CA should grant leave from Divisional Court decisions. [read post]
29 Nov 2017, 9:09 am
As set forth below, amici willprovide value to this case by bringing relevant matters to the Court’s attentionthat are not already discussed by the parties.2. [read post]
16 Sep 2019, 4:30 am
The works are targeted at a general audience and deal with subject matter readily understandable by any ordinary person, including the Court. [read post]
29 Nov 2017, 9:09 am
As set forth below, amici willprovide value to this case by bringing relevant matters to the Court’s attentionthat are not already discussed by the parties.2. [read post]
10 Dec 2014, 5:29 am
Coughlin, supra.The Court of Appeals began its analysis of the arguments on appeal by explaining thatsummary judgment is proper only when there are no genuine issues of material fact to be litigated, and the party is entitled to judgment as a matter of law. [read post]
19 Sep 2017, 3:13 pm
An extensive dissent in De Vita, authored by Justice Arabian and joined by Justice Baxter, would have held general plan amendments per se to be matters of fundamental statewide importance, exhibiting genuine extra-municipal concerns, and requiring multi-disciplinary planning expertise in their legislation – and that therefore they are matters beyond the local initiative power. [read post]
19 Sep 2017, 3:13 pm
An extensive dissent in De Vita, authored by Justice Arabian and joined by Justice Baxter, would have held general plan amendments per se to be matters of fundamental statewide importance, exhibiting genuine extra-municipal concerns, and requiring multi-disciplinary planning expertise in their legislation – and that therefore they are matters beyond the local initiative power. [read post]
27 Jun 2015, 2:50 pm
Additionally, there is the matter of timing. [read post]
19 Dec 2013, 9:01 pm
Colorado, one of its important earlier cases relating to these matters. [read post]
29 Oct 2017, 5:22 pm
” Because the breach of contract claim failed as a matter of law “because of the reasonableness of [the insurer’s] actions,” Apollo’s bad faith claim also fails as a matter of law. [read post]
14 Dec 2017, 9:01 pm
And this action by the Court occurred even though, in the midst of the Court’s consideration of the matter, the president bolstered the case for finding problematic intent by, as one media source put it, “retweeting three inflammatory videos from a British far-right account rife with anti-Muslim content. [read post]
27 Aug 2018, 4:37 pm
As a factual matter, the Court noted the EIR compared existing traffic conditions at 60 studied intersections (based on an expert traffic consultant’s actual observations of 2010 conditions) to projected traffic in 2025, and explained that while traffic is expected to worsen, the Housing Element itself does not generate new trips, but provides direction for how inevitable new residential development should occur, emphasizing affordability. [read post]
23 Aug 2021, 8:52 am
In a published opinion filed August 19, 2021, the Second District Court of Appeal reversed a judgment of the Los Angeles County Superior Court that found fault with the EIR for an improvement project within the San Gabriel Mountains National Monument portion of the Angeles National Forest. [read post]
16 Jun 2014, 2:47 pm
For one, it exercised its discretion to consider plaintiffs’ wastewater disposal arguments on appeal, even though they were not presented to the trial court, because “issues concerning the adequacy of a CEQA disclosure present questions of law” and “matters involving [wastewater] disposal … affect the public interest …. [read post]
21 Oct 2021, 4:44 pm
The transitory construction impacts McCann complained of were not significant, substantial or permanent deprivations of her property interests, and her concerns about the aesthetic impacts of transformer box placements were akin to those of petitioners in other cases which held such concerns involved de minimus effects that as a matter of law did not trigger constitutional due process notice rights under Horn. [read post]
2 Jul 2015, 1:35 pm
The Court held, as a matter of law (citing Creed-21 v. [read post]
