Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Do you know the restrictions for a probationary driver in New Jersey?
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5
Larry Bodine's Interview on News 4 Jax (WJX4)
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Does Canada Need a New Uniform Arbitration Law?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Serving Legal Documents Through Social Media
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Viewer's Guide to Gay Marriage Oral Arguments
Arbitration - An Alternative to Litigation for Dispute Resolution
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Street Legal Cars
Newsbreak: Surprising Results in Three Cases
Will The Debt Ceiling Standoff End Up In Court?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
A county planning commission posted a meeting agenda that included an item on a potential approval of a subdivision application. At the meeting, the commission not only approved the subdivision, it also approved a Mitigated...more
Last month, the U.S. Supreme Court ruled in a 6-3 decision that the Federal Communications Commission (FCC) had authority under the Telecommunications Act of 1996 to impose time limits for state and local governments to act...more
On May 21, 2013, the California First District Court of Appeal certified for publication North Coast Rivers Alliance v. Marin Municipal Water District, an important CEQA opinion that affirms a highly deferential...more
The Supreme Court today issued its decision in City of Arlington v. FCC—the case challenging the FCC’s 2009 “Shot Clock” declaratory ruling. The Supreme Court affirmed the Fifth Circuit, holding that Chevron deference applies...more
The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more
In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in Conservation Northwest v. Sherman, that the Bureau of Land Management and other agencies implementing the...more
The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more
Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more
2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more
Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an...more
In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more
It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more
In Summit Media, LLC v. City of Los Angeles (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 10, 2012), a California court of appeal considered a challenge to a settlement of a lawsuit between outdoor advertising companies...more
The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more
One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've...more
On November 9, 2012, the New Hampshire Supreme Court issued its decision in Town of Carroll v. Rines (“Rines”), invalidating certain municipal regulations that limited excavations....more
In Preserve Wild Santee v. City of Santee, the court immersed itself in an EIR’s evaluation of the impacts of a large residential project proposing 1,395 homes and 1,400 acres of open space preserve. The court upheld the...more
A unanimous Third District panel upheld SiskiyouCounty’s EIR for Roseburg Forest Products Co.’s (Roseburg) electricity cogeneration project involving expansion of its existing wood veneer manufacturing facility. (Mount Shasta...more
All of us involved in land use and planning matters are familiar with the tactic of project opponents to file last-minute submissions with new factual allegations. These “hit pieces” are filed after the staff report is in,...more
Tomorrow morning, the Illinois Supreme Court will file its opinion in Downtown Disposal Services, Inc. v. The City of Chicago. Tonight we'll preview the case. Tomorrow we'll bring you our summary and analysis of the Court's...more
Coalition for Clean Air v. City of Visalia (Oct. 4, 2012, No. F062983M)- The partially published opinion in Coalition for Clean Air v. City of Visalia brightened the line regarding when a California Environmental Quality...more
U.S. District Judge Nicholas G. Garaufis recently dismissed a lawsuit brought by New York Attorney General Eric T. Schneiderman against the Delaware River Basin Commission (“DRBC”), EPA, and other federal agencies seeking to...more
As I have previously noted, government attorneys’ traditional approach to litigating Superfund cases has been to announce that they represent the government and that they therefore win. There was hope, following the Supreme...more
A court of appeal recently concluded that a notice of exemption filed before a project is actually approved is invalid and does not trigger the 35-day limitations period in which to bring a California Environmental Quality...more
In a partially published opinion filed September 14, 2012, the Fifth District Court of Appeal revived a CEQA lawsuit the trial court had dismissed as time-barred on demurrer because it was filed 55 days after the City of...more
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