Entitlements

News & Analysis as of

Ashes of a Cremated Decedent are not Property Subject to Division among Heirs [Florida]

The parents of a deceased child were the sole heirs of the child’s estate. The child’s remains were cremated, and the parents could not agree on the final disposition of his assets. The father petitioned the probate court to...more

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following (...). The amended CFRA...more

Shareholder’s Challenge to Smith & Wesson SLC’s Independence Misfires in the First Circuit

On February 4, 2015, the First Circuit affirmed the summary dismissal of a shareholder derivative suit, which brought Nevada state claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, and...more

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight...more

News from Abroad: A Strict Approach to Priority Entitlement by the UK Court of Appeal

The Decision of the Court of Appeal in Hospira UK Generics Ltd. v. Novartis AG, [2013] EWCA Civ. 1663 was issued on 19 December 2013....more

Applications for Funding are Not Necessarily Projects Under CEQA - Court Clarifies Save Tara Standard

In the recently published decision in City of Irvine v. County of Orange the Court of Appeal held that the county’s approval of an application for state funding to expand a jail facility was not a project under the California...more

Section 51 of the Insurance Contracts Act: Proving an insurer’s entitlements to rely on an exclusion clause

In Murray’s Transport NSW Pty Ltd v CGU Insurance Limited [2013] SASFC 100 (Murray’s Case), CGU was unsuccessful in resisting direct action by Mr Murray, the Plaintiff/Appellant pursuant to section 51 of the Insurance...more

Supreme Court's Ruling in Koontz Extends Concept of Unconstitutional Takings to Monetary Exactions

Introduction - At first glance, the Supreme Court’s recent decision in Coy A. Koontz, Jr. v. St. Johns River Water Management District, 570 U.S. ___ (2013), improves the ability of real estate developers to obtain...more

Citizens for Ceres v. Superior Court: New California Court of Appeal Opinion Addressing Privilege Issues in Connection with Review...

Effective environmental review of a real estate development project under the California Environmental Quality Act ("CEQA") often requires that the approving agency and representatives of the developer work together...more

The Business Software Alliance (BSA) Adds Dell to its Member List

Christopher Barnett, Scott & Scott, LLP attorney, writes that he would not be surprised to see Dell brands included among lists of companies whose products must be included within the scope of BSA-initiated software audits...more

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