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8 May 2019, 10:30 am
Beyer’s unpublished manuscript entitled Controlling Body Disposition: The Law and the Macabre is cited in the following article: Meredith M. [read post]
11 Jun 2018, 8:20 am
Yet the court recognized that the presence of a sign is “not dispositive,” and later relied on that statement in State v. [read post]
10 Aug 2009, 1:31 pm
According to the court of appeals opinion, M.H. should have objected at that point to the disposition by a single Board member and sought reconsideration before a panel. [read post]
1 Oct 2014, 11:29 am
In an unpublished part of its opinion, the Court dodged a potentially important issue – Petitioner’s argument against the cost award based on an indemnity agreement between the County and Real Party in Interest – on the basis that the trial court did not abuse its discretion in disregarding the argument since Petitioners failed to raise it or the “new evidence” supporting it in their reply brief. [read post]
17 Jul 2023, 11:13 am
The only class certification rulings issued so far in cases brought against hospitals have been unpublished state court decisions. [read post]
4 Jan 2016, 4:58 am
This post examines a recent opinion issued by a U.S. [read post]
29 Aug 2019, 7:56 am
In an opinion originally filed on July 31, and belatedly ordered published on August 22, 2019, the Second District Court of Appeal (Division 3) affirmed a judgment granting a CEQA writ petition invalidating the final EIR and project entitlements for the Millennium Project, a controversial proposed mixed-use development on a 4.47-acre parcel straddling Vine Street and surrounding the historic Capital Records Building in Hollywood. [read post]
9 Oct 2024, 11:53 am
The court says flatly: “the dissimilarity of the marks factor is dispositive in this case; 1-800 has not adequately alleged likelihood of consumer confusion. [read post]
9 Aug 2013, 9:07 am
They’re unpublished works; the users are minors; there isn’t an optout; they’re using the whole thing; there’s a market harm (!). [read post]
8 Oct 2013, 11:59 am
City of Fresno (5th Dist. 2007) 150 Cal.App.4th 596, 598, 601-605 [affirming order dismissing CEQA action where request for hearing filed one day late and before motion to dismiss; portion of opinion affirming denial of discretionary relief under CCP § 473 was unpublished]; compare also Nacimiento Regional Water Management A [read post]
21 Jun 2021, 8:55 am
” (In the unpublished portion of its opinion, which won’t be analyzed in further detail in this post, the Court held the County did not impermissibly defer mitigation, and it declined to consider two other arguments because they added nothing to the fair argument analysis and/or constituted new theories or arguments raised for the first time on appeal.) [read post]
9 Oct 2019, 12:59 pm
The unpublished portion of the opinion (which won’t be further discussed in detail) held that the City’s statement of overriding considerations was supported by substantial evidence, did not need to “describe in detail the weight accorded to the various aspects of the agency’s balancing of competing public objectives,” and did not need to include findings “reconciling” the project approval with the CIty’s rejection of an earlier,… [read post]
12 Jul 2022, 12:47 pm
Natanson is unpublished (not precedent setting), but still an important read on the topic in terms of what the court considered that will likely be considered in future cases as they start to be decided. [read post]
8 Nov 2021, 9:43 am
(In the unpublished portion of its opinion, which won’t be further discussed in this post, the Court of Appeal held the trial court was correct in finding that substantial evidence supported a fair argument that the project may have a significant impact on the beetle, thus requiring an EIR, and also concluded the trial court did not err in upholding the County’s determinations that the project was consistent with the Williamson Act and County’s zoning code.) [read post]
2 Jun 2014, 2:26 pm
The trial court denied petitioner’s mandate petition, which alleged that CEQA required an EIR for the project; petitioners appealed that judgment and the Court of Appeal affirmed and, as noted, ordered its initially-unpublished decision to be published in full a month after its filing. [read post]
27 Jul 2006, 5:25 am
She moved for summary disposition and the trial court granted her motion, finding that (I) the child was conceived during the marriage and (2) there was no court determination that the child was a child born or conceived during the marriage but is not the issue of that marriage. [read post]
5 May 2013, 12:15 pm
In the next breath, however, plaintiffs set forth an unpublished statistical analysis (by Dr. [read post]
21 Sep 2015, 3:29 am
The claim invited a defense motion to dismiss, which was granted by Suffolk County Commercial Division Justice Elizabeth Hazlett Emerson in an unpublished May 2010 decision (read here). [read post]
3 May 2021, 9:58 am
(In the lengthy, unpublished portion of its opinion, the Court of Appeal went on to hold that appellant SSE failed to exhaust its administrative remedies on numerous issues, including its challenges to: the EIR’s use of a 5-year average/2009 actual production baseline; alleged insufficient mitigation for oak removal/loss of carbon sequestration impacts; alleged deficient water use baseline and mitigation; and water quality impact analysis. [read post]
16 Jan 2014, 7:21 am
The Eleventh Circuit, in an unpublished opinion, held that Lane was not testifying as a citizen on a matter of public concern, and thus could not stake out a First Amendment retaliation claim. [read post]
