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20 Aug 2019, 3:05 pm
The Court also concurred with the district court judge on the remaining issues on appeal, and affirmed the district court’s dismissal. [read post]
19 Aug 2019, 11:51 am
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the “Project”) in Hollywoodians Encouraging Rental Opportunities (HERO) v. [read post]
19 Aug 2019, 11:51 am
In rejecting a California Environmental Quality Act challenge to a mitigated negative declaration for conversion of a vacant apartment building into a 24-room boutique hotel (the “Project”), the Second District Court of Appeal affirmed the City of Los Angeles’s use of an existing conditions baseline when assessing housing and population impacts. [read post]
15 Aug 2019, 10:36 am
Annulis, 852 So.2d 430 (Fla. 5th DCA 2003), the court decided that “to constitute an election of remedies … [t]here must be evidence of a conscious intent by the claimant to elect the compensation remedy and to waive his other rights. [read post]
13 Aug 2019, 9:58 pm
The trial court entered judgment on that basis, and the Court of Appeal affirmed. [read post]
12 Aug 2019, 8:15 pm
On July 25, 2019 the Court of Appeal for the Fourth Appellate District published its opinion in Cleveland National Forest Foundation v. [read post]
11 Aug 2019, 6:35 pm
And Emma Platoff of The Texas Tribune reports that “5th Circuit upholds Indian Child Welfare Act as constitutional, reversing lower court; The appeals court overturned a 2018 decision from a federal district judge who ruled that the law, which gives adoption placement preference to Native American tribes, was unconstitutional; Texas Attorney General Ken Paxton challenged the law in 2017. [read post]
11 Aug 2019, 10:17 am
The Fifth Circuit denied the appeal of CWA from the District Court's dismissal of its complaint for lack of jurisdiction. [read post]
9 Aug 2019, 12:58 pm
Finally, the United States Court of Appeals for the Fifth Circuit reversed the district court’s judgment and remanded the consolidated case with instructions. [read post]
9 Aug 2019, 12:44 pm
LEXIS 23498 (5th Cir. [read post]
9 Aug 2019, 2:00 am
Source: designer491 / iStock / Getty Images On August 6, the 5th Circuit upheld a Texas federal district court’s 2018 ruling that blocked enforcement in the state of EEOC guidance issued in 2012 that discourages employers from imposing blanket bans on hiring people with criminal records. [read post]
6 Aug 2019, 9:49 pm
County of Monterey (2019) 32 Cal.App.5th 257 The Court of Appeal for the Sixth Appellate District affirmed a trial court judgment that rejected constitutional claims, including a regulatory takings challenge, against a Monterey County ordinance that provided that no one may keep more than four roosters on a single property without a rooster keeping operation permit. [read post]
5 Aug 2019, 9:35 am
City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento’s use of a sustainable communities environmental assessment (“SCEA”) pursuant to the Sustainable Communities and Climate Protection Act (SB 375), rather than a more traditional CEQA document (i.e., an environmental impact report or mitigated negative declaration), when it approved the Yamanee development (the “Project”) as… [read post]
31 Jul 2019, 8:01 am
District Court for the Northern District of Texas in Fort Worth denied all of the grounds for relief. [read post]
30 Jul 2019, 10:06 pm
(D068185; 4 Cal.App.5th 103; San Diego County Superior Court; 37-2014-00013481- CU-TT-CTL.) [read post]
30 Jul 2019, 10:26 am
The money quote: The validity of patents has always been subject to challenge in district court. [read post]
30 Jul 2019, 7:58 am
Do not modify your golf cart: Florida’s 5th District Court of Appeal recently oversaw a case involving a “souped up” golf cart. [read post]
29 Jul 2019, 4:47 pm
In an opinion originally filed June 28, and later certified for partial publication on July 22, 2019 (upon the request of the California Building Industry Association), the Second District Court of Appeal affirmed a judgment denying a CEQA writ petition challenging a project converting a vacant former apartment building into a boutique hotel in Los Angeles’ Hollywood area. [read post]
25 Jul 2019, 1:29 pm
Brennan, 177 F.3d 258, 265 (5th Cir. 1999). [read post]
24 Jul 2019, 9:09 am
Instead, the district court confirmed the award and the Crawford appeal resulted. [read post]
