News & Analysis as of

Applications Appeals

Stotler Hayes Group, LLC

Common Medicaid Application Mistakes: Errors to Avoid During the Application Process

The Medicaid application process can be complicated. However, there are several common mistakes made by filers that can make things even more difficult than they need to be, adding unnecessary obstacles. In this article, we...more

DarrowEverett LLP

Legal Guidance Can Be Key in Navigating Rhode Island Land Use Matters

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Land use matters in Rhode Island are often challenging to interpreappt and navigate. In fact, the Ocean State is known for having among the most restrictive policies for zoning and land use control in the U.S. It’s not hard...more

Allen Barron, Inc.

A New Wave of U.S. Expatriate Income Tax Refund Applications?...

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Is a new wave of U.S. expatriate income tax refund applications on the table? The answer to this question hangs in the balance as we await an appeal on the question of whether or not specific Foreign Tax Credits can be...more

Rosenberg Martin Greenberg LLP

Timing May Be Everything When Employing Bankruptcy Professionals

When Byron David filed a Chapter 7 bankruptcy case in July of 2018, Donald King was appointed Chapter 7 trustee. King filed an application to retain a law firm as his counsel. The bankruptcy court granted that application....more

Smart & Biggar

Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision

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As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent....more

Snell & Wilmer

The Legal Consequences of Election Official Errors Involving Referendums

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There are a lot of moving parts to election administration, and it takes a lot of people to make them work. Not surprisingly, mistakes are made on occasion. The consequences of those mistakes often end up in court. In this...more

Walkers

Application for leave to appeal granted to GFSC

Walkers on

In our recent article (available here) we considered the findings of LB Marshall KC in Domaille, Clarke & Hannis (together the "Respondents") and the Guernsey Financial Services Commission (the "Royal Court Judgment"). In the...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

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A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

McDermott Will & Emery

Sometimes Inactions Speak Louder Than Words

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The US Court of Appeals for the Federal Circuit affirmed a decision granting summary judgment in favor of the US Patent & Trademark Office (PTO) regarding the propriety of imposing a restriction requirement on a pre-General...more

Perkins Coie

Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply

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A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a...more

Perkins Coie

Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration

Perkins Coie on

The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it...more

Holland & Knight LLP

Is It Legal to Require Indemnification on Project Application or as Condition of Approval?

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Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant...more

Schwabe, Williamson & Wyatt PC

Updated Key Considerations for PPP Documentation under the Economic Aid Act

Borrowers under the Small Business Administration’s (the “SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for...more

Bradley Arant Boult Cummings LLP

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more

ArentFox Schiff

Federal Circuit Reaffirms Application of Categorical-Taking Analysis for Temporary Fifth Amendment Takings Claims in...

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On May 29, 2020, the Federal Circuit issued its decision in Caquelin v. United States, reaffirming precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation—specifically, that a...more

Bricker Graydon LLP

Ohio Department of Health issues draft amendments to Certificate of Need rules

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The Ohio Department of Health (ODH) has prepared draft amendments to Ohio’s Certificate of Need (CON) rules. A number of these draft rule amendments address changes to the CON laws that were made in Ohio’s general operating...more

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Dickinson Wright

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

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A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

Burr & Forman

Florida's Fourth DCA Confirms that a Borrower is in the Best Position to Know Their Own Financial Information

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The Fourth District Court of Appeal recently affirmed its prior decision in Vidal v. Liquidation Properties, Inc., 104 So. 3d 1274 (4th DCA 2013). Wells Fargo Bank, N.A. v. Hilary A. Williamson, Case No. 4D15-285, 2016 WL...more

Sheppard Mullin Richter & Hampton LLP

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more

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