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17 May 2021, 10:27 am by Arthur F. Coon
A lack of probable cause means, objectively viewed, the action is legally untenable, given the evidence and the legal theory asserted. [read post]
11 May 2017, 8:18 am by Arthur F. Coon
When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017 decision, following remand from the California Supreme Court, in Friends of the College of San Mateo Gardens v. [read post]
4 Apr 2014, 4:09 pm by Arthur F. Coon
•  The trial court’s ruling in plaintiff’s favor that certain mitigation measures endorsed by a renowned Stickleback expert – such as block netting and fish relocation to present Stickleback “take” during project construction work in the Santa Clara River and its tributaries – were themselves an illegal “taking” of the fish under CESA was legal error, for numerous reasons. [read post]
15 Aug 2016, 10:51 am by Arthur F. Coon
As might be expected, the decision involved a legal action seeking to prevent the demolition, without prior preparation of an EIR and compliance with all feasible mitigation therein identified, of a structure whose status as a historical resource was in dispute. [read post]
9 Oct 2018, 5:02 am by MOTP
Cavanaugh would provide it with an opportunity to decide whether questions of legality in the provision of legal services in Texas, which the Supreme Court oversees, may be deferred for decision to an arbitrator, or are of such great import as to justify invalidation of a noncompliant attorney-client contract in toto as against public policy regardless of whether or not it contains an arbitration clause. [read post]
24 Dec 2007, 7:01 am
Croix, VI 00851 Phone: (340) 778-9681 Healthcare Family Voices Cheryl Miller Phone: (240) 776-6179 E-mail: mangomomma@yahoo.com Families in the Virgin Islands get prescription drug benefits under managed care, but are NOT eligible for SSI benefits. [read post]
19 Aug 2008, 12:28 pm
A useful chart to assist in understanding applicable state laws governing resale price maintenance is available here.Conclusion: While resale price maintenance can benefit manufacturers, the complex and evolving nature of the law in this area requires them to think twice - and consult with legal counsel - before imposing minimum prices on retailers.Related Posts: FTC's Nine West Order Explores Resale Price Maintenance Under Leegin; State Resale Price Maintenance Laws and Leegin; Herman… [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
27 Mar 2008, 5:55 pm
Of the non-LexBlog client blogging firms, there were a range of other platforms used: 24 were using Blogger; 8 were using Typepad; 2 were using Movable Type; 3 were using Justia; 2 were using WordPress; and 29 had their blogs published and hosted through other services or on personal domains. [read post]
4 Sep 2020, 3:00 am by Jim Sedor
Postal Service to handle a surge in mail ballots this year. [read post]
18 Oct 2018, 10:42 am by Ronald Collins
As political questions are transformed into legal disputes, the court can give meaning to values that have profound political consequences (including regime-building). [read post]
7 Nov 2009, 3:40 pm
 Arizona continues to be one of the states hardest hit by foreclosures, and Goddard has had enough with the lip service of lenders and servicers. [read post]
16 Jun 2014, 2:47 pm by Jamie Dierks
”  Further, it rejected defendants’ arguments that their disclosure was legally adequate because expert opinions constitute substantial evidence as “off point. [read post]
24 Aug 2016, 9:01 pm by Vikram David Amar
” I would add a fifth very important outcome that I hope essays like Alschuler’s might generate: more attention by legal scholars to the work-product of intermediate courts of appeals.In most areas of law—including my own primary field of constitutional law—the most meaningful venue where legal questions are resolved and legal correctness is assured is the court of appeals. [read post]