A Pick Off Play Strikes Out at the First Circuit, but There Are More Innings...
Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action...
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Finally, a SOL Decision Focused On Unjust Enrichment and Inequitable Results
This week, the First District Court of Appeals joined the Fourth District Court of Appeals in holding that Florida’s five-year statute of limitation (SOL), under Fla. Stat. § 95.11(2)(c), did not bar...
View ArticleSupreme Court of Illinois Limits Liability of Self-Insured Car Rental Company
On October 8, 2015, in DeShaw Nelson v. Donald Artley, the Illinois Supreme Court overturned a ruling by the First District Appellate Court that ordered a car rental company to pay an accident victim...
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DRI Development Rights Do Not Automatically Pass with the Conveyance of Title
The First District Court of Appeal’s recent holding in Howard v. Murray, No. 1D14-1996, 2015 WL 6847833 (Fla. 1st DCA Nov. 9, 2015), serves as a cautionary tale for those purchasers taking title to a...
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Florida Supreme Court to Resolve Conflict Regarding Whether a Proposal for...
The Florida Supreme Court will review the First District’s decision in Borden Dairy Co. of Alabama, LLC v. Kuhajda, 171 So. 2d 242 (Fla. 1st DCA Aug. 14, 2015), which certified conflict with the Fourth...
View ArticleDeficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First...
In a partially published opinion filed June 21, 2016, the Court of Appeal for the First Appellate District reversed in part the Mendocino County Superior Court’s judgment denying a writ petition...
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Florida Supreme Court to Decide Whether Four-Year or One-Year Statute of...
The Florida Supreme Court will review the First District’s decision in Green v. Cottrell, 172 So. 3d 1009 (Fla. 1st DCA 2015), which certified the following question of great public importance. : Which...
View ArticleFirst District Rejects CEQA Challenge to “Plan Bay Area” Sustainable...
In a 58-page published opinion filed June 30, 2016, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment upholding the Metropolitan Transportation Commission’s (MTC)...
View Article“CEQA-in-Reverse” Case On Remand: First District Holds BAAQMD’s 2010 Air...
In a published decision filed August 12, 2016, following remand from the California Supreme Court after its landmark “CEQA-in-reverse” decision, the First District Court of Appeal reversed the trial...
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