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Standard of Review Appellate Courts

Nossaman LLP

What Standard of Review Should Courts Apply for Utility Condemnations?

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Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more

Adams & Reese

Practice Pointer: Unrefrigerated Dead Fish and Other Tips for Getting the Most You Can Out of the Standard of Review

Adams & Reese on

The standard of review (“SOR”) is the lens through which an appellate court examines a trial court’s or agency’s decision making and often determines the outcome of an appeal. Consider the tips below to get the most out of...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Downey Brand LLP on

In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Hinshaw & Culbertson - Health Care

Determining Future Lost Wages for Minor Child Speculative, But Unavoidable Task: Hinshaw's Annual Guide to Key Illinois Medical...

Was a trial court's award of $8.3 million to a minor child excessive? Yong Juan Zhao v. USA, 963 F.3d 692 (7th Cir. 2020) - Case Summary - This medical malpractice lawsuit involving an alleged shoulder dystocia...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

Sullivan & Worcester on

The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

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