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23 Jul 2018, 7:03 am by Eric Goldman
As a result, I made 5 major changes to the book: 1) I replaced Specht v. [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]
12 Nov 2011, 12:56 pm by Rebecca Tushnet
Traditional 4th amendment; Electronic Communications Privacy Act; First Amendment all offer concerns. [read post]
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]
22 Jul 2024, 10:12 am by Arthur F. Coon
” ”  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]
10 Sep 2013, 11:58 am by Sheppard Mullin
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]
11 Feb 2011, 1:57 pm by Matt Bartus
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]