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20 Jun 2023, 8:42 am by Arthur F. Coon
In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. [read post]
20 Jun 2023, 6:07 am by Eric Goldman
Factual Background (The facts are taken primarily from the Supreme Court’s opinion, with selected facts added from the District Court’s opinion.) [read post]
15 Jun 2023, 1:09 pm by John Elwood
Court of Appeals for the 4th Circuit reversed, concluding that the current understanding of “gender dysphoria” is distinct from the definition of “gender identity disorder” that was current at the time of the ADA’s enactment, which the American Psychiatric Association has since removed from the Diagnostic and Statistical Manual of Mental Disorders. [read post]
15 Jun 2023, 12:10 pm by Arthur F. Coon
In a published opinion filed June 7, 2023, the Fifth District Court of Appeal held the trial court erred in applying California’s interrelated factors test to deny a preliminary injunction in a CEQA case. [read post]
., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount the class members received. [read post]
12 Jun 2023, 1:09 pm by admin
One such Dred Scott case was the result of a bench trial in a federal district court in Atlanta, in Wells v. [read post]
9 Jun 2023, 12:38 pm by Jacob C. VanAusdall
The California Court of Appeal, Fourth District, recently held that a party who purchased the collateral property through a homeowners association foreclosure sale is a "successor in interest" under California Civil Code § 2924c, and therefore has the right to cure any payment defaults and reinstate the loan and has standing to bring a wrongful foreclosure action. [read post]
9 Jun 2023, 12:34 pm by Joshua Lloyd
The Fifth Circuit Court of Appeals vacated the preliminary injunction granted by the District Court, finding that HB 20 “is constitutional because it neither compels nor obstructs the Platforms’ own speech in any way. [read post]
8 Jun 2023, 2:21 pm by John Elwood
Courts of Appeals for the 4th and 9th Circuits holding that the United States is not subject to liability under the FCRA, and the U.S. [read post]
7 Jun 2023, 4:53 am by Daily Record Staff
Court of Appeals for the 4th Circuit Medical Malpractice; detainee’s death: Where the district court dismissed claims alleging that medical professionals exhibited deliberate indifference to the needs of a detainee, but the complaint sufficiently alleged that the medical professionals knew of and disregarded a substantial risk of serious injury to decedent, the claims were […] The post Law Digest — 4th Circuit, Md. [read post]
2 Jun 2023, 6:08 am by Second Circuit Civil Rights Blog
The district court said plaintiff could not maintain a fabricated evidence claim because there was no deprivation of liberty. [read post]
2 Jun 2023, 2:50 am by Kurt R. Karst
Best Price Stacking We previously blogged about the 4th Circuit Court of Appeals decision in United States Ex Rel. [read post]