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10/8/2009 11:45:06 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
A variety of parties often seek to intervene in “high profile” cases in order to argue for or promote their agenda on the issue; it is not uncommon for such petitions to be denied. ...
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10/7/2009 2:14:23 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Despite the budget crisis and much partisan hostility, California has enrolled this year some major environmental legislation which has not been reviewed previously.
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9/27/2009 10:58:39 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
California has long been concerned with so-called "underground regulations" (rules, policies, guidance, and procedures treated as though a regulation, but issued or promulgated without f ...
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9/20/2009 7:38:36 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Two prior posts have noted holdings in the case of Innis Arden Golf Club v. Pitney Bowes, Inc. (D. Conn. 2009).  One of the holdings in the more recent case deserves further expans ...
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8/15/2009 6:58:42 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
One of the ongoing debates over the last couple of decades has been whether regulatory action, particularly environmental and land use controls, are an illegal "taking" under the Create an account or login to post comments. | Comments (0)

8/9/2009 4:19:18 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Numerous prior posts have noted the need to exhaust administrative remedies prior to initiating litigation. The recent case of Howard v. Solis , Continue reading >>
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8/9/2009 3:56:28 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
As noted in prior posts, in public interest litigation in California, a plaintiff frequently relies on Continue reading >>
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8/4/2009 9:42:00 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Once again, we visit the legal travels of Sensient Colors, as noted in three prior posts. Rather than pleading a specific statute in repose in a CERCLA action, defendant Sansient Colors, ...
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7/25/2009 9:05:48 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
In a case which has application to environmental and toxic tort cases, by analogy, the California Supreme Court in Hernandez v. City of Pomona (2009), Continue reading >>
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7/25/2009 8:56:01 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
To say that the Hague Service Convention is a pain when it comes to serving a foreign company is an understatement. It greatly slows a case because of the time consuming manner of service ...
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7/25/2009 8:45:04 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Occasionally, as a vehicle to get a case before an appellate court, especially when the sole question is one of law (not fact), parties will stipulate to a summary judgment in the trial court.&nbs ...
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7/25/2009 8:36:32 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
The general rule in California is that a corporation that is suspended (e.g., failure to file corporate tax returns) cannot file suit or a "responsive pleading" (e.g., answer, demur) ...
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7/22/2009 1:26:27 AM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Federal and State rules pertaining to e-discovery have been at odds for several years. After several attempts, California has now enacted explicit e-discovery rules that will impact all l ...
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5/22/2009 10:30:46 PM EST
Thomas H. Clarke, Jr.
Posted by Thomas H. Clarke, Jr.
Partner, Ropers Majeski Kohn & Bentley
Following up on the logic of Continue reading >>
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