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Failure to Comply Appellate Courts

Perkins Coie

First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative...

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The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents...more

Zuckerman Spaeder LLP

Bad-Behaving Litigants Beware: Gamesmanship During Discovery Could Come at Great Cost

Zuckerman Spaeder LLP on

New York courts are trending towards a strict no-tolerance approach in disposing of cases for willful discovery violations. Under CPLR 3126(3), a party may seek to strike its opponent’s pleading for a willful failure to...more

Harris Beach PLLC

Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint

Harris Beach PLLC on

Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the default of the appealing party for its failure to oppose a motion in two different...more

Bradley Arant Boult Cummings LLP

Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim

On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

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