Nossaman LLP

Two Decisions out of San Diego Remind Us to Follow the Rules

We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court of…more
| Civil Procedure, Construction Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct…more
| Civil Remedies, Constitutional Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Is There Coverage for The Pill Mill Lawsuits?

In an effort to deal with the terrible epidemic of drug abuse and the human and economic costs of this dilemma, the state of West Virginia has brought lawsuits in several jurisdictions against pharmaceutical companies and…more
| Civil Procedure, Commercial Law & Contracts, Health, Insurance, Science, Computers, & Technology

What Are Insurers Using for Excuses Not to Pay Claims?

We have seen a recent rash of cases where defending insurers are stretching to new lengths to force their insureds to contribute substantially more that the deductible bargained for in the policy, often grasping at the straw…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

D.C. Circuit Holds Informational Standing Nonexistent Prior to 12-Month Finding

In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing because…more
| Civil Procedure, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

[Event] Nossaman's 3rd Annual West Coast Ambulatory Surgery Center Seminar - September 27th, Los Angeles, CA

Please join us for Nossaman LLP’s 3rd Annual West Coast Ambulatory Surgery Center Seminar. During this one-day program you will learn important ASC industry information, allowing you to stay ahead of the curve and safely…more
| Mergers & Acquisitions, Health, Science, Computers, & Technology

Thousands Of Californians Sign Up For VMT Trial

In response to a request from the California Department of Transportation, 5,000 California drivers signed up for the state’s nine month pilot program to replace the state’s gas tax with a charge based on vehicle miles traveled…more
| Taxation, Transportation

Fifth Circuit Upholds USFWS Designation of "Uninhabitable" Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National…more
| Environmental Law, Zoning, Planning & Land Use

Bipartisan ESA Bill Proposes Funding for State Programs

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives. Representatives Don Young (R-Alaska) and Debbie…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

National Council for Public Private Partnerships asks “What’s Next?” at its Annual P3 Connect Conference

The National Council for Public Private Partnerships, reengineered its 2016 “P3 Connect” annual conference June 27 to 29, 2016, posing the question “What’s Next” for public-private partnerships in the United States. NCPPP (as…more
| Commercial Law & Contracts, Finance & Banking, Government Contracting

Did You Know...The Federal Minimum Salary Threshold for Exempt Status Trumps California Law

On December 1, 2016, the Department of Labor’s highly controversial final rule impacting the minimum salary for exempt status will go into effect. The final rule makes four key changes: 1. It raises the minimum salary…more
| Labor & Employment Law

Can Technology Preserve Government Rights of Entry?

As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current right…more
| Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Science, Computers, & Technology

Government May Use Eminent Domain to Save Mobile Home Park from Closure

Santa Clara County, the City of Palo Alto, and the local Housing Authority have come together to acquire the Buena Vista mobile home park from its current owner, the Jisser family, in an effort to save the mobile home park from…more
| Constitutional Law, Mergers & Acquisitions, Real Estate - Residential

White House Commission on Cybersecurity Seeks Input from Stakeholders on Future of Digital Landscape

Last week, the White House Commission on Enhancing National Cybersecurity held its third of six scheduled meetings around the nation. President Obama established the Commission by Executive Order in February 2016 with the goal…more
| Elections & Politics, Privacy, Science, Computers, & Technology
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