Civil Procedure Zoning, Planning & Land Use Personal Injury

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Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

EARL e-News: South Carolina Supreme Court Dismisses Lawsuit Against Carnival Cruise Lines - Updates on Environmental,...

On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held...more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more

Illinois Supreme Court Debates Limitations and Repose for Architects and Contractors

November was a relatively light month for the Illinois Supreme Court on the civil docket, with only one civil case on for argument. Today, we report on the oral argument in Gillespie Community Unit School Dist. No. 7 v. Wight...more

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a...more

City May Not Use “Anti-SLAPP” Motion to Dismiss Claim That City Employee Falsely Told Potential Tenants That Property Owner Was...

Property owners often bristle at statements that local government staff make to prospective tenants or purchasers of their property, concerned that they will be scared away by overly harsh or inaccurate speech. When those...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

When "Undisputed" Evidence Is Not "Conclusive" Evidence

The Texas Supreme Court’s opinion in Natural Gas Pipeline Company of America v. Justiss highlights a subtle but important point regarding the way appellate courts treat undisputed facts. The case concerned claims by...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 20, 2012

Today, the Virginia Supreme Court issued several opinions affecting the practice of Virginia local government law. The cases involve (1) the Gloucester County School Board and the Public Procurement Act, (2) Albemarle...more

Smith Law Group - Fall 2011 Newsletter

In This Newsletter: - SLG Assists in Jury Trial Victory - Firm Wins Discovery Mandamus - Amicus Curiae's Position Prevails - Other Noteables - Selected Texas Appellate Law Blog Posts SLG Assists in Jury...more

Tips and Tricks for Attorneys to Use Google Maps and Google Earth

You’ve probably used Google Maps for driving directions. But have you tried using it for your case? From a litigation standpoint, there is no quicker and easier way to start building useful demonstratives for your client than...more

Virginia Supreme Court Issues Local Government Rulings

Virginia Supreme Court Opinions Affecting Local Government Law on April 21, 2011: The Virginia Supreme Court issued several opinions on April 21, 2011 affecting Virginia local government law. The following summaries come...more

Three-Year Statute Of Limitations Applies To Inverse Condemnation Action

In William Bookout v. State of California ex rel. Department of Transportation, the Second District Court of Appeal provided important guidance on whether an inverse condemnation action is subject to a three-year or five-year...more

Tebbets et al. v. The Oliver Group, LLC, et al.

Court's Memorandum of Decision Denying Motion to Strike

This action for damages was filed on behalf of a Pawcatuck, CT couple who allege claims for negligence, nuisance (public and private) and negligent infliction of emotional distress, arising out the Oliver Group's use of...more

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