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27 Jun 2023, 3:15 pm
Basic Factual and Procedural Background While interesting, the complex and detailed factual and procedural background of the case is less significant for purposes of this blog than the legal principles it states and applies in reaching its CEQA holdings. [read post]
21 Jun 2021, 8:55 am
The County determined that numerous evacuation options existed for its Emergency Services Office to evacuate those parcels should a fire occur and block Newtown Road east of its westerly intersection with Fort Jim. [read post]
21 Sep 2023, 6:05 am
Part I describes the legal tangle that produces this puzzle. [read post]
27 Feb 2014, 9:01 pm
We believe that a significant risk of adverse consequences, that is, a reasonable ground for worrying about adverse consequences, should be understood to impose a legally-cognizable burden on protected interests. [read post]
10 Sep 2023, 9:03 am
Prevailing in medical malpractice cases also requires more time, resources, and legal expertise. [read post]
16 Jul 2010, 8:57 am
Miller. [read post]
31 Jul 2020, 11:54 am
As strange as their legal arguments are, Gov. [read post]
10 Dec 2018, 2:26 pm
Miller, 91 F. 129 (6th Cir. 1898). [read post]
4 Nov 2024, 10:38 am
” Hopefully our legal system has the wherewithal to help that become a reality. [read post]
10 Nov 2009, 10:10 am
She described this as "one of the most important legal challenges facing State Attorneys General. [read post]
31 Jan 2014, 10:09 am
Sosa is just one example of designers facing legal challenges for using consumer version of 3D printers. [read post]
18 Jun 2015, 12:58 pm
The court of appeal reversed the trial court’s judgment, holding that the appropriate legal standard by which the ordinance’s validity should be judged is the ordinary standard applicable to a municipality’s exercise of the police power to regulate land use. [read post]
23 Jan 2013, 12:22 pm
” It explained that while courts are familiar with the “reasonably foreseeable” concept of the test’s first prong, they haven’t comprehensively analyzed the meaning of “consequence” in this context, and it indicated that cases tend to be fact-driven with unhelpful circular legal analysis. [read post]
3 May 2021, 9:58 am
CEQA Exhaustion Principles The requirement that a plaintiff must first exhaust administrative remedies by obtaining a final decision from the administrative tribunal with legal jurisdiction ensures that the public agency with presumed expertise has the “opportunity to receive and respond to articulated factual issues and legal theories before its actions are subjected to judicial review” and thus has the “opportunity to act and to render litigation unnecessary. [read post]
22 May 2023, 10:58 am
CEQA defines “mitigation” to include “[c]ompensating for the impact by replacing or providing substitute resources or environments” (CEQA Guidelines, § 15370(a)), and “feasible” as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. [read post]
10 Nov 2015, 11:56 am
Applying the relevant legal standards to the case before it, the court of appeal “beg[a]n with appellants’ concession that the record contains substantial evidence supporting the applicability of the relevant categorical exemptions. [read post]
27 Jul 2011, 5:47 am
Seuss, Cheese and Social Media, Part II: Ethical Pitfalls, Pretexting and Duties of Candor - http://t.co/JNWpKit (Wendy Akbar) EDRM Launches Service Provider Code of Conduct – http://tinyurl.com/3g8v9f7 (Monica Bay) Epsilon Breach: Small Businesses Who Get “Hacked” Must Act – Now - http://tinyurl.com/3ogyf73 (Francis Pinguelo, Bradford Miller) Experts Debate When Customers Should Be Notified of Data Breaches - http://t.co/v8KIyUe (Sue Reisinger) Give Me All… [read post]
27 Jul 2011, 5:47 am
Seuss, Cheese and Social Media, Part II: Ethical Pitfalls, Pretexting and Duties of Candor - http://t.co/JNWpKit (Wendy Akbar) EDRM Launches Service Provider Code of Conduct – http://tinyurl.com/3g8v9f7 (Monica Bay) Epsilon Breach: Small Businesses Who Get “Hacked” Must Act – Now - http://tinyurl.com/3ogyf73 (Francis Pinguelo, Bradford Miller) Experts Debate When Customers Should Be Notified of Data Breaches - http://t.co/v8KIyUe (Sue Reisinger) Give Me All… [read post]
30 Jun 2014, 6:27 am
The Appellate Court began its analysis of Gojcaj’s argument by explaining that at trial,the state elicited testimony from James Corbett, a partner of United Alarm Services. [read post]
3 Jul 2012, 1:47 pm
http://bit.ly/QcWYCK (John Mello) Symantec Reveals Businesses Worldwide are Struggling with Protecting and Managing Digital Info – http://bit.ly/QhQCC2 (Charles Skamser) “You Have One New Lawsuit”: Can You Serve Legal Notice Through Social Media? [read post]
