Selling the State's Zoning Exemption?
March 31, 2005
The Court of Appeals recently confronted a significant zoning issue: When, and on what terms, can the state or a state agency transfer to a private entity its exemption from local zoning restrictions? In <i>Matter of Crown Communication New York, Inc. v. Department of Transportation</i> (NYLJ 2/14/05, p. 19, col. 4), a divided court held that telecommunications towers erected on state land were immune from local zoning regulations even when the much of the space on the towers had been leased to private companies. The court's decision, however, raises as many questions as it resolves.
Index
March 31, 2005
Everything contained in this issue.
Practice Tip: Use Caution When Relying on Governmental Reports
March 31, 2005
Product failures are often investigated by official agencies. For example, the National Highway Traffic Safety Administration ("NHTSA") will often report on automobile defects as well as traffic accidents; the National Transportation Safety Board ("NTSB") investigates aviation accidents, and the Coast Guard investigates maritime disasters.
Online: Learn About Breast Implants
March 31, 2005
The Implant Information Project ("The Project"), located at <i>www.breastimplantinfo.org</i>, is a new Web site sponsored by the National Research Center for Women & Families, a nonprofit, nonpartisan organization that is dedicated to improving the health and safety of adults, teens, and children. It provides up-to-date information about the latest research on breast implants, so that teens, women, and their families have the information they need to make appropriate decisions.
Case Notes
March 31, 2005
Highlights of the latest product liability cases from around the country.
Sweeping Litigation Reform Expands Federal Jurisdiction over Class Actions
March 31, 2005
On Feb. 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 ("CAFA"), which will apply to any civil action commenced on or after the date of enactment. CAFA is the first major litigation reform legislation to pass Congress in nearly a decade and arguably represents the most significant change in class action law in the United States since the adoption of Rule 23 of the Federal Rules of Civil Procedure in 1967.
