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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]
3 Dec 2020, 6:44 am
Applicable Louisiana Law The Louisiana corporation income tax is based on a corporation’s “Louisiana taxable income”[1], which is defined as “Louisiana net income, after adjustments, less the federal income tax deduction allowed by R.S. 47:287.85. [read post]
7 Sep 2018, 1:15 pm
Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 55.) [read post]
22 Jul 2024, 10:12 am
” ” The Court of Appeal thus focused its attention on appellant’s two primary arguments: that no substantial evidence supported the City’s findings (1) that the project site had no habitat value for endangered, rare or threatened species, and (2) that the project would not have significant air quality impacts. [read post]
19 Feb 2008, 10:33 pm
Cal. 2000). [read post]
12 Mar 2019, 2:38 pm
Hume, 139 Cal . [read post]
10 Sep 2013, 11:58 am
City of Santa Monica, 56 Cal.4th 203 (2013), because a FEHA discrimination claimant now is required to show that the protected status was a “substantial motivating reason” for the adverse action, and not merely “a motivating reason,” as the earlier versions of the jury instructions stated. [read post]
31 Mar 2023, 5:01 am
Autoliv ASP, Inc., 154 Cal. [read post]
11 Feb 2011, 1:57 pm
Combs, 49 Cal.4th 35, 50 fn 15 (2010) which held that the policies in the DLSE enforcement manual were not entitled to deference because they were not adopted in compliance with the Administrative Procedure Act. [read post]
18 Aug 2011, 3:00 pm
Tulare County School Districts Liability/Property Self-Insurance Authortiy, 31 Cal. [read post]
3 Mar 2017, 4:14 pm
” (Cal. [read post]
15 Jan 2019, 7:41 pm
C084872) ____ Cal. [read post]
9 Dec 2016, 6:14 am
No. 59 at 1.) [read post]
31 Jan 2015, 4:23 pm
Superior Court, 47 Cal. 4th 725 (California Supreme Court 2009). [read post]
15 Sep 2014, 10:09 am
Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, 381, emph. added.) [read post]
11 Apr 2023, 8:52 am
County of Fresno (2018) 6 Cal.5th 502, 512.) [read post]
21 Jul 2017, 12:02 pm
San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 Judicial deference to a lead agency’s determination regarding the proper greenhouse gas (“GHG”) threshold for a project California Environmental Quality Act (“CEQA”) remains a swinging pendulum. [read post]
21 Jul 2017, 12:02 pm
San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 Judicial deference to a lead agency’s determination regarding the proper greenhouse gas (“GHG”) threshold for a project California Environmental Quality Act (“CEQA”) remains a swinging pendulum. [read post]
1 Nov 2021, 2:04 pm
City of Berkeley (2015) 60 Cal.4th 1086, 1105, 1114; my March 3, 2015 post on that case can be found here.) [read post]
21 Oct 2021, 4:44 pm
County of Napa (2021) 63 Cal.App.5th 444, 456-457 [my 5/3/21 post on which can be found here].) [read post]