News & Analysis as of

Recreational Use

Drone hits commercial plane on final approach into Canadian airport

by Dentons on

On October 12, 2017, a Skyjet flight, on its final approach into Québec City, was struck by a drone. This aviation incident marked the first commercial aircraft strike by a drone in Canada. No one onboard suffered any...more

Massachusetts DPH Clears the Air for For-Profit Conversion of Medical Marijuana Dispensaries

The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). DPH’s Medical Use of Marijuana Program (the “RMD...more

Legalized Recreational Marijuana in Alberta - Is Your Workplace Prepared?

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis-related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

D.C. Circuit Strikes Down FAA’s Recreational UAS Rule

by Benesch on

The Federal Aviation Administration (“FAA”) has long set standards for the operation of aircraft in the United States, including extensive requirements for aircraft registration. Historically, the FAA did not interpret the...more

California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public

In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among California courts on the topic of “implied dedication” of private property to...more

Drone Registration – What’s Next?

by Sands Anderson PC on

The United States Circuit Court of Appeals for the District of Columbia recently upheld a verdict on behalf of a drone enthusiast that found that the Federal Aviation Administration’s (FAA) rule requiring that individual...more

Los Angeles releases proposed commercial cannabis regulations

by Thompson Coburn LLP on

In one of the most significant milestones in the history of marijuana legislation, Los Angeles’ City Council recently released its proposed regulations governing commercial cannabis activity in the city. Simultaneously, the...more

California Supreme Court Hands Victory to Private Property Owners Over Public Use

by Snell & Wilmer on

In 1970 the California Supreme Court held that, under certain circumstances, private property owners impliedly dedicate their property to the public if they permit the public to use it. Gion v. City of Santa Cruz (1970) 2...more

AG Sessions seeks repeal of Rohrabacher-Farr Amendment

by Thompson Coburn LLP on

Since the new Presidential administration took office late last year, the cannabis industry has received a mixed set of signals from this administration as to how it will treat the growing cannabis industry in relation to the...more

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Appellate Court Vacates Federal Aviation Administration (FAA) Rule Requiring Recreational Drone Owners to Register with the FAA

by Lane Powell PC on

On May 19, the United States Court of Appeals for the District of Columbia vacated the Federal Aviation Administration’s (FAA) Registration Rule as it pertains to model aircraft. The Panel’s opinion defined model aircraft as...more

Torts – Trail Immunity

by Low, Ball & Lynch on

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Miguel Leyva, et al. v. Crockett & Company, Inc. - Court...more

The end of legalized recreational cannabis under President Trump?

by Thompson Coburn LLP on

Ever since President Trump took office, the cannabis industry has been holding its breath to see how the new administration would handle the burgeoning industry. Trump’s previous statements about cannabis have been mixed,...more

Best in Law: Employers, Be Aware of Just-signed Laws

by Best Best & Krieger LLP on

Bathrooms, Retirement Plans Among New Laws, Partner Brian Reider Writes in the Press-Enterprise - As we wind up this year and look back on the election, legislation passed in California and recent court decisions, there...more

Thoughts on Drones: The View from the Bench

by SmithAmundsen LLC on

Having just returned from the American Bar Association Aviation and Aerospace Committee Conference, I would like to share some thoughts on drones conveyed from the view of the bench and the regulators....more

Torts – Immunity for Recreational Activities by Private Landowner

by Low, Ball & Lynch on

Yan Wang et al., v. Gregory Nibbelink, et al. - Court of Appeal, Third Appellate District (October 13, 2016) - Under Civil Code § 846, a landowner is shielded from liability from injuries to recreational users...more

If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’

Next month, voters in five more states will decide whether to legalize recreational marijuana. As reported by The New York Times in an insightful article on this issue, some legalization advocates hope a (green) thumbs up...more

California Recreational Immunity Statute Applies to Shield Landowner from Liability for Injuries to Off-Premises Persons Not...

by Selman Breitman LLP on

The California Court of Appeal, in a case of first impression, recently held that California's "recreational immunity" statute (Cal. Civil Code §846(c)) applies to shield landowners from liability where recreational users of...more

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