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18 Dec 2018, 5:24 pm by Arthur F. Coon
Montecito Water District. (2004) 116 Cal.App.4th 396, 402 [“overall aesthetic impact … by its very nature is subjective. [read post]
12 Dec 2018, 12:13 pm by Luke Goodrich
Because the “reasonable observer” is a judicial fiction, the test is easy to manipulate. [read post]
11 Dec 2018, 5:46 pm by Matthew C. Henderson and Arthur F. Coon
“The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. [read post]
8 Dec 2018, 5:55 am by Joel R. Brandes
Miller, 240 F.3d 392, 402 (4th Cir. 2001) (“In fact, the courts retain the discretion to order return even if one of the exceptions is proven. [read post]
27 Nov 2018, 12:27 pm by Arthur F. Coon
In an opinion filed October 19, and later ordered published on November 15, 2018, the Third District Court of Appeal affirmed a judgment upholding Plumas County’s First comprehensive update of its 1984 general plan, and rejecting arguments that the update violated the California Timberland Productivity Act of 1982 (the “Timberland Act” or “Act”) and that the related EIR violated CEQA. [read post]
21 Nov 2018, 2:23 pm by Orin Kerr
In my view, it would be better for the commissioners to consist entirely of federal district court judges selected by other judges. [read post]
21 Nov 2018, 2:23 pm by Orin Kerr
In my view, it would be better for the commissioners to consist entirely of federal district court judges selected by other judges. [read post]
17 Nov 2018, 12:10 pm by Schachtman
To the litigation industry, the prospect of judicial gatekeeping of expert witness testimony was an anathema. [read post]
On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. [read post]
5 Nov 2018, 2:04 pm by Arthur F. Coon
The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and filling gaps in Public Resources Code § 21166. [read post]
4 Nov 2018, 10:56 am by Schachtman
The court essentially shrugged its judicial shoulders and let a plaintiffs’ verdict stand, even though it was supported by expert witness testimony that had relied upon seriously flawed and confounded studies. [read post]
24 Oct 2018, 3:45 pm by Arthur F. Coon
“The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. [read post]