Tag Archives: Applies

Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including “Spot-Zoning” Specific Plan Amendment Authorizing Use

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore as legally sufficient … Continue reading

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EFF To Maine, Massachusetts Courts: Rule Requiring Warrants to Access Cell Phone Location Data Applies to Real-Time Searches

Cases Among First Since Landmark Supreme Court Decision in CarpenterPortland, Maine—The Electronic Frontier Foundation (EFF) and the ACLU are urging the state’s highest courts in Massachusetts and Maine to rule that law enforcement agents need a warrant to access real-time … Continue reading

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[Gasp!] Epic Systems Decision Applies to FLSA Claims

No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court’s decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] … Continue reading

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N.J. Supreme Court Holds that Res Ipsa Loquitor Applies When Elevator Doors Malfunction

  By:  Stanley J. Zator In McDaid v. Aztec W. Condo. Ass’n, No. 079325, 2018 WL 3431322 (N.J. July 17, 2018), decided on July 17, 2018, the New Jersey Supreme Court held that res ipsa loquitor applied to a condominium … Continue reading

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Laches Defense Applies to Cancellation Actions – Cosmetic Warriors v. Pinkette Clothing

In Cosmetic Warriors v. Pinkette Clothing, the U.S. Court of Appeals for the Ninth Circuit filed an opinion a couple weeks ago, reconfirming that the equitable defense of laches (unreasonable and prejudicial delay in bringing a lawsuit) applies in trademark cancellation actions, … Continue reading

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