CLASS ACTION: All criteria satisfied for certification of property owners claiming shore damage from Kerr Dam operation… Curtis reversed. [Read more…]
Discrimination, same-sex couples
DISCRIMINATION: General challenge of denial of protections/benefits to same-sex couples that are available to different-sex married couples rejected as overly broad, but Plaintiffs allowed to amend to challenge specific statutes… Sherlock affirmed, reversed. [Read more…]
Dam flood easements, class cert hearing guidelines
DAM FLOOD EASEMENTS not necessarily barrier to lakeshore owners’ damage claims… owners’ “contour line” theory properly rejected, “erosion,” “unreasonable damage” theories improperly rejected on summary judgment… co-defendant’s request for hearing on class [Read more…]