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The Relevance of Pretextual Motives in Takings Clause Challenges
In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.The property dispute involves two tracts of land originally owned by Nathan and Agnes Lewis, who died intestate, leaving six children.
Handdowns released between:May 13 & 15, 2024
Appeals & Motions List released on: May 14, 2024
Crystal Martinez v. Walmart Inc. et al.
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California Bar Postpones Vote on Cutting Ties With NCBE
Up for vote was to enter into an agreement of a maximum of $1.475 million annually for five years with Kaplan North America LLC to develop and administer its own bar exam in place of the MBE or the incoming NextGen exam.Insurer Sues to Avoid Payment on Joe Carollo Verdicts
"The duty to defend is broader than the duty to indemnify," QBE Specialty Insurance Co. argued in the lawsuit. "As such, where there is no duty to defend, there can be no duty to indemnify."California Bar Considers Opting Out of NCBE Exam
The move comes after state bar staff, in an effort "to prudently manage the budget," explored the prospect of transitioning to an alternative, cost-effective exam administration approach such as a fully remote online exam, beginning with the February 2025 bar exam administration, according to a memo posted to the Board of Trustees website in advance of a Thursday board meeting.Appeals & Motions List released on:May 9, 2024
Echo Ford v. Fayez Chahfe, M.D.
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Law Offices of Gary Martin Hays & Associates, P.C.
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