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Kaufman & Canoles

Court of Appeals of Virginia Holds Proof of the Physical Location of an Easement is a Necessary Element of an Implied Easement

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Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more

Nossaman LLP

Martin’s Beach Saga Continues With California’s New Lawsuit

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On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

White and Williams LLP

Third Circuit Clarifies Standards Governing Confidentiality of Litigation Documents

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As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

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The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Conn Kavanaugh

Developers Must Explicitly Reserve Construction Right in Phased Condominium Project

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As any seasoned developer knows, condominium development projects involve a delicate interplay between the developer, unit owners, the condo association, and the lenders that fund construction and acquisition costs. Last...more

K&L Gates LLP

Easy Easements - Part 2

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This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. Part 1 highlighted two cases explaining key principles that can dictate whether or not an...more

Carlton Fields

Amendment 7 Prevails Over Patient Safety Work Product Protections

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On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

Best Best & Krieger LLP

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

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California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

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