Zoning, Planning & Land Use Residential Real Estate Personal Injury

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Appellate Court Notes

SC18928 - Rathbun v. Health Net of the Northeast, Inc. - In Connecticut, the Department of Social Services manages the federal Medicaid act and awards contracts to Medicaid managed health care providers. The defendant...more

Subsurface Trespass Claims Remain an Open Question in Texas

On February 6, 2015, the Texas Supreme Court released its unanimous and long-awaited opinion in the case Environmental Processing Systems, L.C. v. FPL Farming Ltd., 2015 WL 496336 (Tex. 2015), which did not surprise many...more

Court of Appeal Upholds Anti-SLAPP Motion to Defeat Claims Against Government Agencies

Ruling Allows Government Agencies to Use the Motion to Quickly End Meritless and Vexatious Lawsuits - A government agency can employ an anti-SLAPP motion to win early termination of meritless and vexatious lawsuits...more

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

Report from Counsel: Insights and Developments in the Law - Spring 2014

In this Newsletter: - Before You Start a Business . . . - Estate Planning—Powers of Appointment - Public Use Required for Eminent Domain - Tax-Free Gains from Home Sales - Recreational-Use...more

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

NEW CASE ALERT (Easement Law): Refusing To Consent To Development Plans May Trigger Tort Liability For Interference With Easement

If an easement owner is required to obtain governmental approval in order to develop that owner’s property, and the neighboring property owner refuses to consent to the development (e.g. refusing to execute consent for a...more

Would You Be Annoyed If Your Neighbor Installs A Wind Turbine?

In 2009, the Nevada legislature enacted a statute intended to remove private barriers to landowners’ harnessing of wind energy...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Go Beyond Google Maps: Powerful Ways to Illustrate Location in Your Case

One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...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

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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