In CEQA litigation, the party challenging the project can either request that the agency prepare the record of proceedings (“Record”), or prepare the Record itself, subject to certification by the lead agency. In either case,...more
In our last post, we observed that the Wisconsin Supreme Court released unanimous opinions more quickly than non-unanimous opinions and that the court had released opinions very slowly this year. These two observations raise...more
Right before the trial begins, trial judges routinely invite counsel into chambers to explore areas of agreement and disagreement, anticipated trial objections, and how certain matters will be handled at trial. These...more
With only one term left in 2013, it's time to take another look at the Illinois Supreme Court questions log.
In its first four terms, the Court has heard argument in twenty-eight civil cases. Questioning continues to...more
Beware the law of unintended consequences. The Texas high court has just denied review of a court of appeals opinion in a case that began as a defamation action brought by a Texas state court judge against a Dallas-area...more
The California Supreme Court has now depublished Kaiser Cement and Gypsum Corp. v. Insurance Company of the State of Pennsylvania, formerly published at 215 Cal.App.4th 210 and filed on April 8, 2013. The case is now closed....more
On March 28, the Florida Supreme Court issued a decision adopting several proposed amendments to Florida Rule of Judicial Administration 2.420, Public Access to Judicial Branch Records. The amendments, which become effective...more
Court reporters are the “guardians of the record.” The question is, when does the “record” start and stop?
The answer might seem straightforward when a court reporter reads the Federal Rules or the California Code of...more
What happens between a mature multinational insurance corporation and its regulator is nobody’s business, or so says the United States Court of Appeals for the D.C. Circuit, which issued an opinion in SEC v. AIG on February...more
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