Monthly Archives: December 2010

Retiring Chief Justice Ronald M. George — First of a Series

On January 3, 2011, the twenty-seventh Chief Justice of California, Ronald M. George, will conclude over thirty-eight years of service on the California bench. To mark the retirement of this great California jurist, we begin a four part profile on state’s third longest-serving Chief Justice. Born in March 1940, Chief Justice George graduated from Beverly Hills … Continue Reading

Florida Supreme Court: Failure to Timely Move for Mistrial After an Objection to Attorney Misconduct Is Sustained Waives Motion for New Trial on That Basis Absent Fundamental Error

Resolving an express conflict between the District Courts of Appeal, the Florida Supreme Court held that when a party objects to instances of attorney misconduct during trial, and the objection is sustained, the party must also timely move for a mistrial in order to preserve the issue for a trial court’s review of a motion … Continue Reading

Justice Kagan and the Future of Generic Drug Preemption

US Supreme Court Will Decide Fate of Preemption Defense for Generic Companies this Term Since the decision of the Supreme Court in Wyeth v. Levine, 129 S.Ct. 1187 (2009), the Eighth Circuit (in Mensing v. Wyeth, Inc., 588 F.3d 603 (8th Cir. 2009)) and the Fifth Circuit (in DeMahy v. Actavis, Inc., 593 F.3d 428 … Continue Reading

California Confirms Four Appointments to the Third Appellate District

Following the recent retirement of Justices Scotland and Sims, as well as the elevation of Justice Tani Cantil Sakauye to the California Supreme Court, the California Commission on Judicial Appointments has now confirmed four appointments for the Third Appellate District. First, Associate Justice Vance W. Raye, who has served on the Court of Appeal, Third Appellate … Continue Reading

Orders Compelling Compliance with a Legislative Subpoena Are Appealable in California

While avoiding the marijuana legalization debates raging in the state, the California Supreme Court confirmed that orders compelling five medical marijuana dispensaries to comply with subpoenas issued by the City of Dana Point were appealable, reversing the dismissal by the Court of Appeal in these consolidated cases. In Dana Point Safe Harbor Collective v. Superior … Continue Reading

When “Ocean View” Suddenly Becomes “On the Beach”: Texas Supreme Court Tackles Rolling Easements

Under Texas law, the public has an easement to access dry beaches. This easement extends landward to the vegetation line. A recent Texas Supreme Court case examined the validity of the easement when a hurricane suddenly alters the beachfront. The property owner had constructed a house behind the vegetation line in the West Beach area … Continue Reading
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