Search * | LawJournalNewsletters

If an entity claims a vested right pursuant to the Surface Mining and Reclamation Act ((SMARA) Pub. Resources Code, ' 2710 et seq.) to conduct a surface mining operation that is subject to the 'diminishing asset' doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. Calvert v. County of Yuba'- County of Yuba.

Predispute Contractual Waivers of Jury Trial

January 31, 2007

Predispute waivers of jury trials are unenforceable under California law, subject to certain limited exceptions. While the recent California Supreme Court case of Grafton Partners v. Supreme Court, invalidated such waivers, there remain two ways that parties can agree, predispute, to avoid a jury trial in commercial real property related transactions.

Decisions of Interest

January 31, 2007

Supreme Court, King's County, erred when it vacated an award of child support arrears because the former custodial parent died and the children are now living with their father. Dembitzer v. Rindenow.

Impact of Bankruptcy on Equitable Distribution

January 31, 2007

Just when we think that the practice of matrimonial law is as complicated as it can get, a case comes down which reminds us of another level of difficulty. In Musso v. Ostashiko, New York Law Journal, Nov. 14, 2006, p. 23, col. 1, the U.S. Court of Appeals for the Second Circuit definitely resolved one of the many questions that arise from the interaction between matrimonial and bankruptcy law ' an interaction which has been occurring with ever greater frequency over the years.

MOST POPULAR STORIES

New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Read More ›
INTERVIEW
In this exclusive interview with International Franchise Association (IFA) chairman Steve Siegel, Associate Editor Kevin Adler, asks about policy priorities for 2003, and other legislative and regulatory developments that affect the franchise industry.
Read More ›
Pension Plan Termination Premiums in Bankruptcy
In a case of timely significance, the Second Circuit Court of Appeals has recently ruled that pension plan termination premiums are not "claims" subject to being discharged under a Chapter 11 plan, but rather, must be paid in full upon emergence from bankruptcy.
Read More ›
The 'Friendly Fraud' Chargeback
The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.
Read More ›
Social Media Scene: How Social Are Your Social Media Activities?
The modifier "social" is supposed to separate social media from other forms of marketing and PR. But the tactic's social aspect is also the part that either prevents us from using it or from using it as the two-way communication tool it's supposed to be.
Read More ›

Site Search

Follow Us

Law.com Subscribers SAVE 30%

Search

MOST POPULAR STORIES