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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” (In the unpublished portion of its opinion, which won’t be analyzed in further detail in this post, the Court held the County did not impermissibly defer mitigation, and it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]
24 Nov 2015, 12:03 pm
Supplemental analysis supporting the FEIR’s Master Response (including consideration of two recent unpublished scientific articles and a supplemental modeling study and sediment transport analysis) simply reinforced the DEIR’s conclusions; moreover, because the project’s incremental contribution to any cumulative impact on sediment transport/coastal erosion was found less than significant “a more comprehensive analysis of the cumulative impact of past, present and… [read post]
26 Feb 2019, 10:24 am
” Interestingly, it supports this conclusion with a lengthy footnote citing reasoning in an unpublished 2006 opinion from the Second District. [read post]
1 Mar 2018, 1:24 pm
It can make a huge difference for unpublished works, for example; indeed, it was virtually dispositive in the Harper & Row v. [read post]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the project; petitioners appealed that judgment and the Court of Appeal affirmed and, as noted, ordered its initially-unpublished decision to be published in full a month after its filing.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]
21 Nov 2012, 12:48 pm
Judge Ward entertained and granted dispositive motions for summary judgment, on grounds that the plaintiffs’ expert witnesses’ testimony was inadmissible. [read post]
29 Jan 2014, 4:59 am
Goodlatte (committee chair): Fair use was codified only in 1976 but part of copyright law before that; changed a bit in 1992 for unpublished works but unchanged otherwise. [read post]
26 Jul 2018, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
20 Feb 2019, 2:37 pm
This article examines some recent published and unpublished decisions from last decade of eminent domain cases in Ohio, and considers their effect on appropriation proceedings in the State, particularly in the areas of evidentiary, substantive, and procedural issues. [read post]
7 Jun 2011, 2:17 pm
In the unpublished portion of the opinion, the Court found that the trial court properly gave a first aggressor instruction where Mr. [read post]
13 Feb 2023, 7:54 am
(There was also a provision allowing registration of an unpublished work, which would replace the common-law copyright with a federal statutory copyright.) [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
19 Sep 2011, 9:36 am
With the exception of a few evidence scholars, Federal Rule of Evidence 703 is ignored or misunderstood in practice. [read post]
25 Jun 2009, 4:29 am
March 30, 2009) (unpublished).Judicial notice is routinely given to FDA guidance documents, which are also available on the FDA's website. [read post]
25 Jan 2024, 2:51 pm
Section 533 of the California Insurance Code provides that an insurer is not liable for loss caused by an insured’s willful act. [read post]
18 Apr 2006, 3:50 pm
Certain elements of the new BAPCPA pre-filing credit counseling requirements are clear in their effect: generally, under 11 U.S.C. 109(h), a debtor who fails to obtain counseling before filing for bankruptcy will be deemed ineligible, with a limited extension available for debtors who certify that they face exigent circumstances and that they requested but were unable to obtain counseling from an approved agency within five days after requesting it. [read post]
4 Mar 2009, 2:10 pm
But the ruling is unpublished and not an official federal court ruling.) [read post]
6 Oct 2011, 12:29 pm
In a brief unpublished disposition, the Ninth Circuit denied Judulang’s petition for review. [read post]
23 Jul 2013, 2:03 pm
(In an unpublished 19-page portion of its lengthy opinion, the Court also upheld plaintiff’s Administrative Procedure Act (APA) claim by ordering that four emails between CARB and its expert consultants be included in its rulemaking file under Government Code § 11347.3(b)(6), as they contained “other factual information” and were “submitted to the agency. [read post]
18 Apr 2006, 3:50 pm
Certain elements of the new BAPCPA pre-filing credit counseling requirements are clear in their effect: generally, under 11 U.S.C. 109(h), a debtor who fails to obtain counseling before filing for bankruptcy will be deemed ineligible, with a limited extension available for debtors who certify that they face exigent circumstances and that they requested but were unable to obtain counseling from an approved agency within five days after requesting it. [read post]
