GUEST COLUMNS
Monday, December 23, 2024
The Federal Communications Commission moved to permanently block calls from 2400 carriers that failed to tackle robocalls.
As smart contract adoption grows, arbitration provides an effective mechanism for resolving related disputes, aligning with the needs of modern digital commerce.
Friday, December 20, 2024
Franz Kafka's work, shaped by his legal background, offers timeless lessons for lawyers and judges, urging us to avoid the Kafkaesque--an opaque, irrational, and bureaucratic legal system that alienates and confuses those it is meant to serve.
A legal battle in Sacramento over a 500-foot radio tower pits CapRadio, claiming ownership based on a 1990 agreement, against KVIE, which argues the agreement expired. The outcome could impact both broadcasters' finances and the importance of clear wireless lease terms.
Thursday, December 19, 2024
While President-elect Trump has not specifically commented on corporate crime, there is speculation that DOJ programs like whistleblower rewards might be revised or removed, whereas longstanding corporate compliance and enforcement policies may remain largely unchanged.
California's 2025 ADR certification may mislead consumers about competence, exclude skilled solo practitioners, and create confusion by focusing on ethical standards without assessing expertise.
Wednesday, December 18, 2024
ABC News' $15 million settlement of a weak defamation suit with Donald Trump, coupled with an apology, undermines press freedom, emboldens frivolous lawsuits, and perpetuates the troubling notion that Trump operates above the rule of law.
Addressing the crisis of excessive and unconstitutional sentences requires systemic reform and proper funding for legal representation to ensure post-conviction relief becomes a reality, not an exception.
Tuesday, December 17, 2024
Preparation is key to success in mediation, just as it is in trial, requiring thorough briefing, pre-mediation conferences, client readiness, and creative solutions to achieve favorable and lasting outcomes.
The California Supreme Court's decision in Quach
v. California Commerce Club (2024) eliminated the decades-old
arbitration-specific burden requiring proof of prejudice for waiver, aligning
arbitration agreements with standard contract principles and placing the focus
solely on whether the party seeking to compel arbitration knowingly and
intentionally relinquished their right.
Monday, December 16, 2024
And so it begins: The 5th
Circuit's decision in MHACO v. Commissioner commences the "dissing" of Chevron
deference as applied to tax-exempt entities.
The California Legislature must strengthen the state's legal infrastructure--including enforcing housing discrimination laws, protecting tenants, and funding legal aid organizations--to mitigate the anticipated impact of federal policy shifts under the new administration, which threaten civil rights, housing stability, and support for vulnerable populations.
Friday, December 13, 2024
Taxpayers can amend their returns to claim refunds for taxes paid on settlements now considered tax-free, with a special provision extending the deadline for 2020 and 2021 returns.
Biden's H-1B reform faces a tight deadline, with key changes to "specialty occupation" definitions and degree requirements, but critics warn it could limit access to global talent and innovation.
Thursday, December 12, 2024
Donald Trump's push for recess appointments and unilateral control over federal spending raises serious constitutional concerns, echoing historical lessons about the dangers of undermining legislative power.
Critical care insurance has become essential for college athletes, helping protect their NIL earnings and career prospects from injury, with sports insurance disability lawyers providing crucial guidance to navigate complex policies and claims.
Wednesday, December 11, 2024
California's insurance crisis, driven by wildfire risks and climate change, has led to soaring premiums and dwindling coverage options, but proposed reforms to ease rate approvals risk undermining decades of consumer protections without guaranteeing affordability or accessibility for homeowners.
California must remain vigilant as distant legal battles, such as Idaho's Attorney General Labrador's controversial stance criminalizing out-of-state abortion referrals, underscore the growing national trend toward restrictive abortion laws that challenge First Amendment protections and the right to medical autonomy.
Tuesday, December 10, 2024
President-elect Trump's pick of RFK Jr. to lead HHS hints at big changes, with his background as a consumer attorney and vaccine critic likely shaping debates on Big Pharma, food safety, and healthcare policy.
As the holiday season approaches, lawyers can
draw inspiration from cherished tales like
The Nutcracker, The Grinch,
and A Christmas Carol to reflect on their practice. By facing fears
head-on, shifting perspectives on materialism, and embracing community service,
attorneys can avoid risks, build stronger client relationships, and contribute
positively to their communities.
Monday, December 9, 2024
Reports from the Inspector General, NAMVETS, and UCLA highlight how harmful interactions between the Veterans Affairs Police Department (VAPD) and veterans--especially Black, homeless, and mentally ill individuals--create barriers to care, prompting calls to reduce policing and increase healthcare-focused solutions at VA facilities.
California's AB 2013, effective in 2026, mandates AI companies disclose their training data, tackling bias, copyright issues, and the "black box" problem. The law pushes for transparency, accountability, and ethical AI practices, setting a potential global standard.
Friday, December 6, 2024
The Supreme Court's ruling in Warner Chappell v. Nealy clarifies that copyright infringement plaintiffs can recover damages for all timely claims, even for infringements occurring beyond three years before the lawsuit, resolving years of legal uncertainty.
The Survivor Justice Tax Prevention Act seeks to exempt settlements for sexual abuse and assault from taxes, addressing long-standing ambiguities in tax law.
Thursday, December 5, 2024
The power of eminent domain has historically had a disparate impact on Black Americans and other minority groups. However, the discussion surrounding reparations has been a divisive topic, and it remains unclear whether the government will compensate Black Californians.
The trial court allowed Suffolk to present a jury instruction based on Public Contract Code section 1104, which bars public entities from shifting responsibility for plan accuracy to bidders. However, the Court of Appeal found that the instruction was irrelevant to a claim for breach of implied warranty of the correctness of plans and specifications.
Wednesday, December 4, 2024
Outsourcing legal and business affairs work can reduce overhead expenses, making it a cost-effective option, especially for startups and small businesses.
The rise of AI has led to numerous copyright lawsuits, highlighting the need for creative problem-solving in this emerging field.
Tuesday, December 3, 2024
The Hamlin court ruled that intestate heirs have a concrete interest in the estate and can challenge a trust, interpreting Probate Code ยง 17200 to allow broader standing.
Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brief might have a better chance of winning.
Wednesday, November 27, 2024
Federalism allows states and the federal
government to balance power and protect individual liberty, encouraging
citizens to seek protection from one government when oppressed by the other.
Monday, November 25, 2024
With Trump's 2017 tax cuts set to expire in 2025, Congress faces pivotal decisions that could reshape America's entire tax landscape.
California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, including treble damages and attorney's fees, particularly in bad-faith cases. Mediation offers a practical, cost-effective way to resolve disputes early, avoiding the financial risks and uncertainties of protracted litigation.
Shutterstock
Nathan Hochman on December 3
Nathan Hochman on December 3
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NEWS
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General News
Monday, December 23, 2024 |
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| It is the second time within months that the circuit has reversed a Central District of California judge's dismissal of criminal charges on selective prosecution grounds. | |
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General News
Monday, December 23, 2024 |
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| Director Francis Ford Coppola sued the magazine for defamation over a July article covering claims about his behavior on the set of "Megalopolis." | |
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General News
Monday, December 23, 2024 |
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| Although U.S. District Judge Josephine L. Staton earlier ruled that Girardi was mentally competent to aid in his defense at trial, she granted a post-trial request by his federal public defenders for another examination before sentencing. | |
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General News
Friday, December 20, 2024 |
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| Friday's scheduled sentence hearing could be delayed as Tom Girardi's federal public defenders argued that the 85-year old's physical health is severely deteriorating while his diagnosed dementia is at a state beyond the Bureau of Prisons' capability to adequately treat. | |
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General News
Friday, December 20, 2024 |
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| The County of Los Angeles sued Express Scripts Inc. and OptumRx last year, claiming that they worked with drug manufacturers to place certain opioids on their formularies -- lists of approved drugs, giving them preferential status and declining to impose limits on their approvals in exchange for kickbacks. | |
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General News
Thursday, December 19, 2024 |
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| The complaint claims that the port authorities attempted to expedite the project through a negative declaration under the California Environmental Quality Act, saying it would not impact the environment in a way that requires mitigation. | |
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General News
Thursday, December 19, 2024 |
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| "Plaintiffs have obtained in settlement an amount that will make the entire plaintiff class whole, with 10% interest, as well as provide them with significant penalties," read the motion for preliminary approval. | |
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General News
Wednesday, December 18, 2024 |
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| MGA's attorneys argued that the opposing counsel's request to treble a $17.8 million disgorgement award was improper, because such awards cannot be punitive. | |
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General News
Wednesday, December 18, 2024 |
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| If you ask many a Wall Street investor, tax cuts are poised for extension, deregulation is all but guaranteed, immigration reform for high-skill workers has real potential and President-elect Donald Trump's Department of Government Efficiency might just cut the deficit. | |
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General News
Wednesday, December 18, 2024 |
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| California can set vehicle emissions standards, Supreme Court says | |
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General News
Tuesday, December 17, 2024 |
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| A small victory in the Lincoln Heights neighborhood of Los Angeles may not seem like much from the outside -- and it may prove temporary. But this recent development so far has affirmed a sense of balance in the city's priorities and supplied evidence that even as LA concentrates on homelessness and housing, it can tackle other questions, too. | |
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General News
Tuesday, December 17, 2024 |
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| McKinsey & Co. has agreed to pay $650 million to settle a Justice Department investigation of its work with opioid maker Purdue Pharma. A former senior partner, Martin Elling, has also agreed to plead guilty to obstruction of justice for destroying internal company records in connection with that work. | |
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General News
Tuesday, December 17, 2024 |
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| In September, Robert Rundo pleaded guilty to one count of conspiracy to violate the federal Anti-Riot Act. The government accused him of leading a militant white supremacist group called "Rise Above Movement" across Southern California to commit violent acts at several political rallies. | |
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General News
Monday, December 16, 2024 |
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| The tradition of holiday tips to thank service workers endures, even as Americans have gotten tired of regular requests for tips the rest of the year. | |
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General News
Monday, December 16, 2024 |
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| On Dec. 1, the Central District issued an amended local rule that requires attorneys to opt if they don't want a magistrate judge to hear their case through trial. | |
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General News
Monday, December 16, 2024 |
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| Founded in 2014, the firm has established itself as a nimble competitor in antitrust and other highly competitive practices. | |
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General News
Friday, December 13, 2024 |
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| U.S. Behavioral Health Plan, California is accused of denying plaintiff Ryan Matlock's addiction rehabilitation coverage in contravention of his doctor's assessment. After his treatment stopped, he overdosed and died. The company succeeded in getting the case to arbitration. | |
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General News
Friday, December 13, 2024 |
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| Los Angeles judge previously denied an anti-SLAPP motion from Warner Bros. on the condition that Dan Schneider submit a declaration denying the claims of the documentary "Quiet on Set" under penalty of perjury, which he has now done. | |
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General News
Friday, December 13, 2024 |
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| President-elect Donald Trump has said little about the specifics of how he would carry out the promised largest deportation effort in U.S. history. But immigration experts say it would be nearly impossible to execute without some critical assistance, particularly from jails and prisons. | |
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General News
Friday, December 13, 2024 |
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| California's card rooms lost a costly legislative fight this year as they sought to kill a bill that would allow their competitors, tribal casinos, to sue them. | |
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General News
Thursday, December 12, 2024 |
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| Authorities uncovered many cases involving victims who paid thousands of dollars for immigration services that were never delivered. | |
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General News
Thursday, December 12, 2024 |
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| The motion followed a unanimous jury verdict in October for a plaintiffs' class who claimed Cognizant - founded in India - had corporate practices in place that terminated their job applications because they were not of Indian descent. | |
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General News
Wednesday, December 11, 2024 |
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| Former attorney Tom Girardi does not remember anything about his month-long jury trial or guilty verdict, his counsel claimed in a sentencing position brief filed Friday. | |
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General News
Wednesday, December 11, 2024 |
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| San Diego County Superior Court Judge Rebecca S. Kanter, a longtime federal prosecutor, was nominated to fill the vacancy left by Senior U.S. District Judge William Q. Hayes. | |
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General News
Tuesday, December 10, 2024 |
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| Attorneys for the hospitals claim Molina Healthcare's payments were not "reasonable and customary," the standard applied when calculating out of contract costs for patient care. | |
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General News
Tuesday, December 10, 2024 |
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| Despite contentions from the former agent, Lorenzo Robert Savage III, that McLane Bednarski & Litt LLP partner David S. McClane included bad faith allegations against him based on a purported friendship with then-attorney Tom Girardi, the judge found McLane and his client had a reasonable basis to pursue the claims. | |
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General News
Monday, December 9, 2024 |
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| Gen Z's "desire to do social good" and mistrust of large corporations makes them likely to rule in favor of plaintiffs in cases involving employment law or personal injury, attorneys say. | |
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General News
Monday, December 9, 2024 |
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| Most experts agree that a light regulatory touch in internet businesses that was envisioned by the Clinton administration and then largely modeled by governments around the world was crucial to the creation of the online world that we live in today. But they also say that approach is unlikely to be adopted for the AI generation for reasons both political and economic. | |
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General News
Friday, December 6, 2024 |
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| A former Northrop Grumman worker claims the aerospace giant required off-the-clock work and denied its employees proper breaks. | |
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General News
Friday, December 6, 2024 |
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| Kaedian LLP partner Katherine C. McBroom and Los Angeles attorney Ian M. Wallach filed a federal civil complaint against those involved in their client's arrest in San Bernardino County and five-year prosecution. | |
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General News
Thursday, December 5, 2024 |
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| Nathan Hochman said he rejects extreme policies on both sides of the pendulum, such as mass incarceration and "decarceration" policies "that predetermine that certain crimes and certain criminals would not be prosecuted without a regard to the facts of the law." | |
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General News
Thursday, December 5, 2024 |
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| In denying his bid for a new trial on the grounds his mental competency had deteriorated during the proceedings, the judge focused on how he presented himself when he voluntarily testified as the last witness in his defense. | |
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General News
Thursday, December 5, 2024 |
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| The California Department of Education "violated the mandate" of the Education Code with its denial of funding to a Los Angeles charter school, Judge James C. Chalfant wrote. | |
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General News
Wednesday, December 4, 2024 |
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| In his Nov. 25 ruling, Judge Jonathan L. Rosenbloom found that Melya Kaplan used millions of dollars from the trust for personal benefit and her non-profit, Voice for the Animals. The funds were used to buy property and pay rent, among other things, the ruling said. | |
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General News
Wednesday, December 4, 2024 |
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| The use of tracking codes by Meta and Google meant those companies received identifying information about patients using AIDS Healthcare foundation's websites, according to a lawsuit filed in Los Angeles. | |
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General News
Monday, December 23, 2024 |
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| The Los Angeles County prosecutors' union asked the state Supreme Court to take judicial notice that the dispute in a lawsuit between them and former DA George Gascón is moot because newly elected DA Nathan Hochman has rescinded the policies at issue. | |
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General News
Friday, December 20, 2024 |
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| Los Angeles County Judge Armen Tamzarian rejected arguments by the band and management that the plaintiff was an independent contractor, not a full-time employee. | |
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General News
Thursday, December 19, 2024 |
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| Los Angeles County's lawsuit aims to secure a federal judge's order requiring the landfill's owners to accelerate containment efforts and fund the relocation of affected residents who allege that chemicals emitted from the site have caused their illnesses. | |
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General News
Wednesday, December 18, 2024 |
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| The lawsuit, filed Friday in Los Angeles County Superior Court, is the latest in a series of complaints filed in state and federal court against the companies, accusing them of deliberately getting children hooked on their games. | |
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General News
Tuesday, December 17, 2024 |
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| "Depending on their nature, an agency may be able to waive its own procedural failures," and it appeared the city did so, concluding the project meets its criteria, Judge James C. Chalfant ruled. | |
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General News
Monday, December 16, 2024 |
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| After a flurry of attorney substitutions in a wage and labor lawsuit, three of the defendants failed to retain counsel. | |
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General News
Friday, December 13, 2024 |
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| Masterson, known for roles in the TV sitcoms "That 70s Show" and "The Ranch," was found guilty by a jury on two counts of rape following a retrial in May 2023. | |
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General News
Thursday, December 12, 2024 |
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| A federal judge Tuesday temporarily blocked what would be the biggest grocery store merger in U.S. history, siding with the Federal Trade Commission in its lawsuit seeking to halt the deal. | |
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General News
Wednesday, December 11, 2024 |
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| While the two defendants had tried to promote the Loop Industries stock and keep values afloat, there was no evidence that they had lied, U.S. District Judge Cynthia Bashant said when granting motions to dismiss the indictments. | |
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General News
Tuesday, December 10, 2024 |
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| As sea levels rise and natural disasters become more intense, homes in low-lying coastal areas or tinder-dry mountains are starting to lose value. | |
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General News
Monday, December 9, 2024 |
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| The complaints state that the company's founders knew they would never be able to deliver homes for resale to the plaintiffs when they took thousands of dollars in franchise fees. | |
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General News
Friday, December 6, 2024 |
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| Sober living facility Ohio House failed in its disparate treatment claim targeting Costa Mesa's zoning ordinances. | |
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General News
Wednesday, December 4, 2024 |
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| The company's attorneys, who asked the judge to reverse the jury's October verdict, filed a brief Friday replying to the plaintiffs' opposition to a motion for judgement according to law. | |