Civil Remedies › Constitutional Law

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Temporary Regulatory Takings Do Exist in California!

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

Legislation Would Limit Condemnation Awards for Beach Replenishment

Legislation Would Limit Condemnation Awards for Beach Replenishment by Patrick J. McNamara on March 19, 2013 Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy....more

Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities

Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities by Dennis C. Linken on May 3, 2013 A recent State Superior Court, Appellate Division, case has affirmed the overarching authority of the...more

The Mechanics of Mechanics Liens

One of the most effective payment remedies for direct contractors, subcontractors and material suppliers is the mechanics lien. First conceived by Thomas Jefferson to encourage construction of the then “new” capital city of...more

It's Not Defamation if No One Knows It's You -- Sammy Hagar Defeats Defamation Claim

The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known...more

Sutherland SALT Shaker: April 2013 Digest

In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more

Monty Green v. The City of New York, et al.

Complaint

More importantly, at no time, did any internal investigator observe him solicit anyone for sexual favors in exchange for monies; observe him hire anyone as a sex worker to perform sexual favors for others in exchange for...more

How to Use the “Wall of Wrong” to Determine if a Proposed Defamation Case is a SLAPP -- Shaheen Sadeghi v. Delilah Snell

The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in...more

Another Failed Regulatory Takings Claim Under Penn Central

We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. New York City, 438 U.S. 104. I'd go through the test and how...more

As the CFPB Turns … And Other Consumer Financial Services News

In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more

Anti-SLAPP Law Does Not Protect Civil Extortion by Attorneys

Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled...more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

Harold C. Wallace v. Midwest Financial & Mortgage Services Inc., et al

Sixth Circuit U.S. Court of Appeals re: Summary Judgment Reversed for Appraisal Fraud

A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an appraisal that inflated the value of a...more

Miguel Mendoza v. Reed K. Hamzeh

Court Rules that Attorney's Demand Letter is Not Protected under Anti-SLAPP Law

Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the...more

Legal Aliens Have Right to Carry Concealed Weapons, Courts Say

A gun rights group is fighting in court to arm legal immigrants, filing lawsuits over the Second Amendment’s application to those who are in the country legally and want to tote weapons....more

To amparo or not to amparo?

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

Federal Court Holds Local Law Preempted By ESA Settlement

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

Kiobel v. Royal Dutch Ptroleum

U.S. Supreme Court Opinion Kiobel

In an opinion issued on April 7, 2013, the U.S. Supreme Court has ruled against a group of Nigerians living in the United States who sought to hold oil companies accountable for alleged human rights violations in Nigeria...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Complaint for Declaratory Judgment and Injunctive Relief

Scott Ennis of New London, CT and his group Disabled Americans for Firearms Rights, have filed the first legal challenge against CT's newly enacted gun law. This action for declaratory judgment and injunctive relief asks...more