Archive for October, 2012:

EPA and CWA Action Brought Through APA

In Sackett v. E.P.A., 132 S.Ct. 1367 (2012) the Sacketts received a compliance order from the Environmental Protection Agency alleging that their property was subject to the Clean Water Act and that they violated that act by filing in protected wetlands. The Supreme Court held that the EPA’s compliance order was a final agency action […]

Read More...


You Catch More Flies With Honey….When Its Real Honey of Course

The Southern District of Florida recently dismissed the complaint without prejudice in Guerrero v. Target. The crux of the complaint is that is that Target’s honey violates Florida’s Honey Standards because all naturally occurring pollen has been removed. However, the complaint fails to state how the plaintiffs knew of this process. Therefore, the complaint was […]

Read More...


2012-2013 Supreme Court Term

The United States Supreme Court opened up its 2012-2013 term with oral arguments regarding the Alien Tort Claims Act. In general, the Act vests federal courts with jurisdiction to hear actions by aliens regarding torts committed in violation of the United States’ laws. Among the issues being heard are whether the Act applies to actions […]

Read More...


Estate Planning and Life Insurance Proceeds

The recent case of Morey v. Everbank, 93 So.3d 482 (Fla. 1st DCA 2012) highlights the importance of understanding proper estate planning when dealing with life insurance proceeds. In Morey the decedent purchased life insurance and named a revocable trust as the beneficiary. After the decedent’s death, the trustee sought to classify the life insurance […]

Read More...


Know What Your Mortgage Says Regarding Eminent Domain Ahead of Time

It may come as a surprise, but most mortgages contain a clause regarding the event of eminent domain (a process where the government takes private property to serve a public purpose in exchange for just compensation). Most eminent domain provisions contain two important points. First, the mortgagor has a responsibility to notify the lender upon […]

Read More...


ATM Rates

The Ninth Circuit recently ruled in In re ATM Fee Antitrust Litigation, 686 F.3d 741 (9th Cir. 2012) that ATM cardholders were indirect purchasers and therefore did not have anti-trust standing to challenge alleged horizontal price fixing between ATM owners and banks.

Read More...