'Expert' Opinions Do Not Support Need for EIR
March 28, 2007
Can a layman's opinion on the environmental impacts of a development project serve as a basis for a court to find that a mitigated negative declaration (MND) (CEQA ' 21064.5) is inadequate? That was the question posed in <i>Landwatch Monterey County v. County of Monterey</i>, 55 Cal.Rptr.3d 34 (Cal.App 76 Dist., 1/23/2007) (Rushing, P.J.), when plaintiff offered opinions from two people who, at first glance, appeared to have some expertise on the subject of water resources.
New Development water Planning Measures
March 28, 2007
The California Supreme Court, in its recent 6-1 decision in <i>Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova</i>, 2/1/2007, concerning the Sunrise Douglas Community Plan, raised the number of hoops developers must leap through to ensure that their large-scale developments' future water needs will be met without too great an impact on the environment. The decision in <i>Vineyard Area Citizens</i> not only put a hold on a huge development planned for Rancho Cordova, but also placed other developers in the state on notice that certain shortcuts in water-use planning will not be accepted by the courts when challenged.
Verdicts
March 27, 2007
Recent rulings of interest to you and your practice.
Conceding Liability
March 27, 2007
The authority to concede liability derives from a defendant's inherent right not to contest claims made by a plaintiff. There has been a general reluctance to concede liability on the part of the defense bar, based as much on the inability to recognize what is to be gained by such an approach as on an unrealistic fear of what may be lost. However, conceding liability can provide a valuable opportunity to enhance one's credibility, as well as a vehicle to provide damage and expense control. In the appropriate case, conceding liability can be a particularly effective strategy, which tends to be underused. What are the risks and benefits of conceding liability? In which cases is it appropriate to employ the strategy? We address herein some of the practical aspects.
Limiting Access to Investigational Drugs
March 27, 2007
The U.S. Court of Appeals for the District of Columbia in March began reconsideration of its decision that held it was unconstitutional for the Food and Drug Administration (FDA) to withhold experimental drugs from terminally ill patients. The order for rehearing en banc was issued in November 2006. The case pits dying, often desperate, patients against the FDA and its policies aimed at protecting the public from dangerous and unproven medications.
The Many Shields of Immunity
March 27, 2007
Physicians and policymakers have long decried the risk of malpractice liability as the greatest obstacle to volunteerism in health care. Over time, lawmakers across the country have responded to these concerns, and today there is an array of federal and state laws that protect volunteer health care providers from lawsuits arising from the provision of charitable medical care. Prudent defense counsel should be aware of the laws that exist to protect volunteer health care providers, and should know just when those laws apply. What federal and state statutes immunize providers of charitable health care, and how can those statutes operate to protect defendants in medical malpractice actions?
Movers & Shakers
March 27, 2007
This month marks the beginning of a new feature in which <i>Patent Strategy & Management</i> expands its coverage to provide information about the advancement of lawyers in the patent profession.
Determinants of Patent Value in U.S. Litigation
March 27, 2007
Part One of this series discussed reasonable royalty damages and the questions that a prospective litigant can ask to evaluate its litigation exposure. This month's installment continues the discussion of those questions.
