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Appeals State Legislatures

Eversheds Sutherland (US) LLP

Recent CIPA decisions suggest website privacy class actions will continue

Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more

Sullivan & Worcester

LePage v. Mobile Infirmary Association: Alabama Wrongful Death of a Minor Statute Applies to Cryogenically Preserved Embryos

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Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court’s Original Jurisdiction Is Limited, But The Legislature’s Regulation Of Executive Rulemaking...

On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction...more

McDermott Will & Emery

New York Budget Legislation Contains Significant Tax Provisions

New York Governor Kathy Hochul and the New York State Legislature have reached an agreement on the state’s fiscal year 2024 budget legislation. Most surprisingly, the legislation grants the New York State Department of...more

Miller Canfield

Michigan Court of Appeals: ‘Adopt And Amend’ Strategy Is Constitutional; Current Paid Medical Leave and Minimum Wage Laws Remain...

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​​​​​​​In a unanimous decision (Mothering Justice, et al. v Attorney General) issued January 26, 2023, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling that the Michigan Legislature lacked the...more

Pillsbury Winthrop Shaw Pittman LLP

California Court of Appeal Affirms Trial Court’s Grant of Summary Judgment to Defendants in Proposition 65 Coffee Case

After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more

ArentFox Schiff

NYS DFS scores Big Win in New York Court of Appeals

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On October 20, 2022, the New York Court of Appeals ― the highest court in New York ― issued its opinion in In the Matter of Independent Insurance Agents and Brokers of New York Inc., et al. v. New York State Department of...more

Schwabe, Williamson & Wyatt PC

DLCD Adopts Climate-Friendly and Equitable Communities Rules

On July 21, 2022, the Department of Land Conservation and Development (DLCD) ‎adopted the Climate-Friendly and Equitable Communities (CFEC) rules. DLCD then filed the ‎permanent CFEC rules with the Oregon Secretary of State...more

Shutts & Bowen LLP

Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial...

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On June 2, 2022, Governor Ron DeSantis signed CS/HB 7027 creating Chapter 2022-163, Laws of Florida, paving the way for a Sixth District Court of Appeal. Governor DeSantis also approved a budget that includes funding for...more

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

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In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

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In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Butler Snow LLP

The Current State of Delta-8 Substances

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In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill,...more

Williams Mullen

North Carolina Legislative Redistricting Update (Maps Included)

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Redistricting in North Carolina tends to be contentious and litigious, and the process so far this year has been no exception. The legislature approved new maps, only to see candidate filing halted by the North Carolina Court...more

Perkins Coie

Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines

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A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental...more

Sheppard Mullin Richter & Hampton LLP

Association of Bay Area Governments Formally Denies Nearly All Regional Housing Needs Allocation Appeals

On Friday, November 12, 2021, the Association of Bay Area Government’s (“ABAG’s) Administrative Committee formally denied 27 out of 28 appeals of draft housing allocations filed by local jurisdictions within the Bay Area...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

Butler Snow LLP

How to Attack a Negative Net Worth Affidavit, Part II: A Case Study

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In Part I of this two-part series, we covered the basic procedure for attacking a negative net-worth affidavit filed to supersede a money judgment. This post offers a case study for successfully applying that procedure and...more

Butler Snow LLP

How to Attack a Negative Net-Worth Affidavit, Part I: The Procedure

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You’ve obtained a money judgment, and your client is anxious to get paid. The judgment debtor files a notice of appeal and an affidavit claiming it has a negative net worth. The judgment debtor argues it is entitled to...more

Holland & Knight LLP

California Court of Appeal Decides Landmark Housing Case

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The California Court of Appeal has delivered a victory to Holland & Knight clients Ruegg & Ellsworth and Frank Spenger Company, as well as to housing advocates across the state, in a landmark opinion on the state's new...more

Bass, Berry & Sims PLC

Kansas Court Rules No-Surcharge Statute Unconstitutional

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The U.S. District Court, District of Kansas recently ruled in CardX, LLC v. Schmidt, that Kansas Statute Annotated § 16a-2-403, which prohibits merchants from imposing a surcharge on customers who elect to pay via credit...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 4

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 3

The 2020 Regular Session of the West Virginia Legislature recently passed the one-third mark and, as of this writing, the House has introduced 1155 bills, while the Senate introduced 656. We will continue reporting on and...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Commences, Issue 2

As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking...more

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