Constitutional Law, Commercial Law & Contracts, Civil Remedies

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

by Jon E. Goetz, Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 5/15/2013

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

Sutherland SALT Shaker: April 2013 Digest

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Saabir Kapoor, Jessica Kerner, Shane Lord, Pilar Mata, more +Suzanne Palms, Kathryn Pittman, David Pope, Maria Todorova, Jack Trachtenberg, Prentiss Willson | Sutherland Asbill & Brennan LLP on 5/1/2013

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

To amparo or not to amparo?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

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

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

by Sedgwick LLP on 3/25/2013

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines...

by William T. Chisum, Jon E. Goetz, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 12/10/2012

A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn, Ben Rubin | Nossaman LLP on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

The Condo Report: Special Edition - All about pets in condominiums

by Heenan Blaikie LLP on 11/11/2012

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

Prejudgment Attachment

by Brian Willis | Shumaker, Loop & Kendrick, LLP on 10/22/2012

...Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her...more

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation

by Robert Warchola, Brian Willis | Shumaker, Loop & Kendrick, LLP on 10/12/2012

I. Introduction - It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state,...more

Tenants may get paid when property is ‘taken’

by Lane Powell PC - Real Estate Law on 9/28/2012

Originally published in the Seattle Daily Journal of Commerce on September 13, 2012. What rights do tenants have in an eminent domain proceeding? It has been established law in Washington that tenants have the right...more

Broadening Application Of The Filed Rate Doctrine

by Zelle Hofmann Voelbel & Mason LLP on 9/14/2012

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

Standing in Another's Place: The Commercial Division Applies Delaware Law to Specifically Enforce a Contract

by Sheppard Mullin Richter & Hampton LLP on 9/11/2012

In Severstal Dearborn, LLC et al. v. RG Steel, LCC et al., No. 653351/11 (Sup. Ct June 26, 2012) (“Severstal Dearborn”), the New York Commercial Division (Kornreich, J.) recently held that, under Delaware law, where a...more

Ohio State and Federal Courts Reject Class Actions Alleging That Life Insurers Have an Affirmative Duty to Undertake Death Matches

by Sutherland Asbill & Brennan LLP on 8/8/2012

Originally published in Life Insurance Law Committee Newsletter, Summer 2012. In three putative class actions brought by private plaintiffs seeking to require life insurers to undertake death matches, Ohio state and...more

Frenville – Gone But Not Forgotten: Third Circuit Prohibits Retroactive Application of Grossman’s

by Cadwalader, Wickersham & Taft LLP on 6/1/2012

The ability to discharge debts (i.e., liability on a claim) is essential to the fundamental goal of chapter 11 of the Bankruptcy Code – providing debtors with a fresh start by resolving all claims that arose before...more

Eviction Of Tenant Without Cause From Low Income Housing Which is Government-Subsidized But Privately Owned Violated Tenant’s...

by Kronick, Moskovitz, Tiedemann & Girard on 5/15/2012

A court of appeal found that a tenant of a privately owned low income, government-subsidized housing was deprived of a protected property interest when the property manager evicted a tenant at the conclusion of her lease...more