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25 Jul 2014, 4:46 am
Code § 2252(a)(4)(B)”, Fred Wayne Dennis filed a motion to suppress certain evidence. [read post]
22 Jul 2014, 9:43 am by Abbott & Kindermann
This update discusses selected litigation, regulations/administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Supply, (B) Water Quality, (C) Wetlands, (D) Air Quality, (E) Endangered Species, (F) NEPA, (G) Mining / Oil & Gas, (H) Cultural Resources, (I) Environmental Enforcement, and (J) Renewable Energy. [read post]
9 Jul 2014, 9:34 am by Abbott & Kindermann
(2) Is the adoption of an ordinance enacting a voter-sponsored initiative under Elections Code section 9214, subdivision (a), a “ministerial project” exempt from CEQA pursuant to Public Resources Code section 21080, subdivision (b)(1)? [read post]
4 Jul 2014, 5:27 am
’ Therefore, the panel and board found that Mismas's alcohol dependency qualified as a mitigating factor pursuant to [Rules and Regulations] 10(B)(2)(g).Lake County Bar Association v. [read post]
2 Jul 2014, 7:21 am by Joy Waltemath
Courts may consider “(a) whether the one performing services is engaged in a distinct occupation or business; (b) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision; (c) the skill required in the particular occupation; (d) whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work; (e) the… [read post]
19 Jun 2014, 4:14 pm
[…] [I]n applying the §101 exception, we must distinguish between patents that claim the “‘buildin[g] block[s]’” of human ingenuity and those that integrate the building blocks into something more, Mayo, 566 U. [read post]
18 Jun 2014, 9:17 am by Michael Lowe
(c) In this section: (1) “Child” means a person younger than 17 years of age who is not the spouse of the actor. (2) “Spouse” means a person who is legally married to another. (3) “Health care services provider” means: (A) a physician licensed under the Medical Practice Act (Article 4495b, Vernon’s Texas Civil Statutes); (B) a chiropractor licensed under Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon’s… [read post]
16 Jun 2014, 4:45 am by Rebecca Tushnet
These elements, either individually or together, just didn’t identify source. [read post]
10 Jun 2014, 10:26 am
In China the obligations of both state and enterprise are understood in terms of institutional duty to people rather than in terms of individual rights that may be asserted against institutions. [read post]
5 Jun 2014, 3:06 pm by Renee Kolar
  Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts provides that disputing parties who consent to this process must be ready for trial in nine months (including completion of mandatory mediation). [read post]
5 Jun 2014, 5:50 am
  In finding that Rule 23(b)(3)’s predominance requirement was met, the court first concluded that, although Section 1681g(g)’s “as soon as reasonably practicable” standard may require individualized inquiries of reasonableness, Quicken’s conduct was uniform as to all class members, and, therefore, “the chance that this individualized inquiry will overwhelm common questions of liability is slight. [read post]
30 May 2014, 3:14 pm by Charles (Chuck) Rubin
Zwerner contends he thought he was answering the question correctly because the accounts were in the name of a foundation and not in his individual name); b. [read post]
15 May 2014, 10:00 am by Cynthia Marcotte Stamer
Rul. 2013-17, which held: For Federal tax purposes, the terms “spouse,” “husband and wife,” “husband,” and “wife” include an individual married to a person of the same sex if the individuals are lawfully married under state law, and the term “marriage” includes such a marriage between individuals of the same sex; For Federal tax purposes, the IRS adopts a general rule recognizing a marriage of same-sex… [read post]