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The Other CEQA Shoe Drops: Third District Reverses Judgment Upholding Siskiyou County’s EIR For Crystal Geyser Bottling Plant Project, Holds (1) Project Objectives Were Too Narrowly Stated And (2) County Should Have Recirculated EIR’s Climate Discussion To Allow Comment On Substantially Higher GHG Emissions Estimate First Disclosed In FEIR
27 May 2022, 5:04 pm by Arthur F. Coon
  (Citing North Coast Rivers Alliance v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
“This Woeful Record”: First District Affirms Judgment Rejecting CEQA Challenges To Marin County’s Approval of 43-Home Mountaintop Subdivision Opposed For Nearly Five Decades By Neighbors And Town of Tiburon
23 May 2022, 10:16 am by Arthur F. Coon
  Tiburon Open Space Committee v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
California Appellate Court Upholds and Enforces Federal Forum Provision
3 May 2022, 1:39 pm by Kevin LaCroix
Miller for a unanimous three-judge panel the Court of Appeal for the First Appellate District affirmed the Superior Court’s dismissal of the action. [read post]
The D & O Diary - http://www.dandodiary.com/
Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties
2 May 2022, 2:47 pm by Tyler Johnson
Miller, decided by the appellate department of the Los Angeles County Superior Court on seemingly very similar circumstances. [read post]
Labor & Employment Law Blog - http://www.laboremploymentlawblog.com/
No Quarter: SJC Mandates Treble Damages for Any Late Payment of Wages – Even Honest, Corrected Mistakes
5 Apr 2022, 12:47 pm by Seyfarth Shaw LLP
  In Reuter v. [read post]
The Wage and Hour Litigation Blog - http://www.wagehourlitigation.com
No Quarter: SJC Mandates Treble Damages for Any Late Payment of Wages – Even Honest, Corrected Mistakes
5 Apr 2022, 12:47 pm by Seyfarth Shaw LLP
  In Reuter v. [read post]
The Wage and Hour Litigation Blog - http://www.wagehourlitigation.com
First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By Failing To Discuss Feasibility Of Purchasing And Preserving Habitat-Rich Garaventa Hills Project Site, Also Addresses Significant Issues Involving Exhaustion Doctrine And Adequacy of Mitigation
4 Apr 2022, 1:15 pm by Arthur F. Coon
  Save the Hill Group v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
At trial, plaintiff alleged that the City was liable under a respondeat superior theory for Miller's negligence in shooting plaintiff and for the police department's negligence in planning the raid. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
At trial, plaintiff alleged that the City was liable under a respondeat superior theory for Miller's negligence in shooting plaintiff and for the police department's negligence in planning the raid. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court of Appeals Finds No Constitutional Violations Related to Pre-Raise the Age Prosecution in Criminal Court
22 Feb 2022, 10:49 am by Jacquelyn Greene
Florida, 560 U.S. 48 (2010) (prohibiting juvenile life without parole in non-homicide offenses); Miller v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
[David Kopel] Maryland rifle ban in the Supreme Court
11 Feb 2022, 12:56 pm by David Kopel
The case is Bianchi v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] With "Friends" Like These ….
7 Feb 2022, 3:53 pm by Eugene Volokh
Miller, 425 U.S. 435, 444 (1976) (bank records provided to bank employees); Commonwealth v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
California Court of Appeal, Munoz v. PL Hotel Group, LLC, Docket No. D078215
23 Jan 2022, 2:03 pm
Contract Law Contract Drafting California Law     APPEAL from a judgment of the Superior Court of San Diego County, Timothy B. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
Fourth District Rejects CEQA Challenges To San Diego’s FEIR And General/Specific Plan Amendments For Connector Road Construction Project; Holds Procedural Due Process Protections Did Not Apply Because Underlying Approvals Were Quasi-Legislative, Not Quasi-Adjudicatory
3 Jan 2022, 11:29 am by Arthur F. Coon
Superior Court (1995) 9 Cal.4th 559, 566-568.) [read post]
CEQA Developments - http://www.ceqadevelopments.com
Some Ethical Implications of Leaving a Law Firm [Guest Post]
19 Nov 2021, 8:21 am by Rachel Casper
This joint notice procedure was prescribed by the Supreme Judicial Court in Pettingell v. [read post]
Mass. LOMAP: Law Practice Advisor - http://masslomap.blogspot.com/
“Let’s Not Complicate Things”: Second District Holds Trial Court Properly Exercised Its Discretion In Denying Union’s Permissive Intervention Motion In Complex Los Angeles Port CEQA Litigation
4 Nov 2021, 8:45 pm by Arthur F. Coon
  South Coast Air Quality Management District v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Law and Media Round Up – 18 October 2021
18 Oct 2021, 1:37 am by INFORRM
Last Week in the Courts Judgement was given in the appeal of A v Burke and Hare UKEATS/0020/20/DT. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
Recent Recklessness Decisions of Note
22 Sep 2021, 5:00 am
   Notably, in Valentino, the Pennsylvania Superior Court did not even reference the dicta from Archibald v. [read post]
Tort Talk - http://www.torttalk.com/
A Decade of CEQA Developments
21 Sep 2021, 1:44 pm by Arthur F. Coon
The Supreme Court, in Tomlinson v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law
23 Aug 2021, 4:42 pm by Arielle Harris and Arthur F. Coon
  City of Los Angeles etc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com