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Gravel2Gavel Construction & Real Estate Law Blog

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Ninth Circuit Rejects “Omission Theory” for Challenges to Product Labels

On June 4, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Hodsdon v. Mars, Inc., and affirmed the District Court’s dismissal of the plaintiff’s claims that, under California law (the Consumer Legal Remedies Act, the unfair competition law, Bus. & Prof. Code §§ 17200,…

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141-Page Environmental Report Was Legally Sufficient for Small Scale Project

On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of Transportation. The Seventh Circuit affirmed the District Court’s oral ruling that the Wisconsin highway renovation project was subject to the U. S. Department of…

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“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

On June 1, the U.S. Court of Appeals for the First Circuit decided the case of Potvin v. Speedway, Inc., a personal injury case subject to the laws of Massachusetts. In Massachusetts, environmental rules require the installation of “positive limiting barriers” at gasoline service stations to contain gasoline spills of up…

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Colorado Supreme Court Interprets TABOR, Holding City’s “Waste Reduction Fee” is Not a Tax

Municipalities wield considerable power over local businesses as a recent Colorado Supreme Court decision demonstrates.On May 21, the Colorado Supreme Court decided the case of Colorado Union of Taxpayers Foundation v. City of Aspen. The Court held, in a 4 to 3 ruling, that a City of Aspen ordinance imposing…

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New Federal Register Notices (May 30, 2018)

The following notices were published yesterday: 1.  The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of energy infrastructure in the face of emergencies. EEI asked that FERC reconsider the rules it promulgated in November…

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Fifth Circuit Upholds Dismissal of Complaint for Actions and Inactions of City of Houston

On May 22, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished ruling, affirmed the District Court’s dismissal of a complaint that the actions and inactions of a City of Houston tax reinvestment zone, as well as the City of Houston, resulted in multiple serious flooding incidents that damaged…