Firm Updates from Nossaman LLP

Nossaman Represents HealthCare Partners in $4.42 Billion Merger with DaVita Inc.

Mon, 21 May 2012 00:00:00 PST

Members of Nossaman's Healthcare and Corporate Practice Groups successfully represented HealthCare Partners, the country's largest operator of medical groups and physician networks, in their merger agreement with DaVita Inc., a leading provider of kidney care services for those diagnosed with chroni...

Kirby Clarifies Post-Brinker Attorney Fees

Tue, 08 May 2012 00:00:00 PST

On the heels of Brinker, on April 30, the California Supreme Court issued its unanimous opinion in Kirby v. Immoos Fire Protection Inc. (2012) Case No. S185827, holding that prevailing parties in rest or meal break actions may not recover attorney fees under California Labor Cod...

VDOT Reaches Financial Close on $2.1B Midtown Tunnel Project

Wed, 18 Apr 2012 00:00:00 PST

Washington, DC (April 18, 2012) – A Nossaman team led by Simon Santiago advised the Virginia Department of Transportation ("VDOT") on a toll concession public-private partnership ("PPP") with Elizabeth River Crossings Opco LLC ("ERC") for the $2.1 billion Midtown Tunnel Project t...

Major CEQA Decision Moves Exposition Corridor Light Rail Project Forward

Wed, 18 Apr 2012 00:00:00 PST

A Nossaman team achieved a significant victory on behalf of Exposition Metro Line Construction Authority, the agency responsible for the planning and construction of the $1.5 billion Exposition Corridor Light Rail Project (Phase 2) from downtown Los Angeles to Santa Monica. In a decision of gr...

In a Major CEQA Decision, Court of Appeal Affirms Transit Agency's Use of Future Baseline to Evaluate Project Impacts on Traffic, Air Quality, and Greenhouse Gas Emissions

Wed, 18 Apr 2012 00:00:00 PST

In a decision of great importance to transportation and public works projects, and to all other projects in California, the California Court of Appeal held that in appropriate circumstances lead agencies conducting CEQA review may use projected future conditions to determine the significance of p...

The Long and Winding Road Finally Comes to an End: The California Supreme Court Clarifies Meal and Rest Period Obligations

Mon, 16 Apr 2012 00:00:00 PST

The California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to prov...

Court Holds EPA Cannot Invalidate a Section 404 Clean Water Act Permit After It Is Issued

Wed, 11 Apr 2012 00:00:00 PST

In a landmark ruling, a U.S. District Court held that the Environmental Protection Agency ("EPA") cannot retroactively disapprove a Clean Water Act ("CWA") permit issued by the Corps of Engineers ("Corps"). In 2007, the Corps granted a permit under section 404 of the CWA, 33 U.S.C. §13...

The "Unpreservation" of the Base Year Value Transfer Under Threat of Eminent Domain

Fri, 30 Mar 2012 00:00:00 PST

Californians who have owned their properties for years understand the benefits of Proposition 13: their property taxes are based upon the property's purchase price (with only small allowable annual increases), as opposed to the property's current value. But upon a transfer, the proper...

High Court Blocks State Employee Suits for Damages Under FMLA Self-Care Provision

Thu, 29 Mar 2012 00:00:00 PST

In a split decision, this week the U.S. Supreme Court ruled in Coleman v. Court of Appeals of Maryland, 566 U.S. ___ (2012), that employees of state government cannot sue their employers for damages under the Family Medical Leave Act (FMLA) when they exercise their right to take leave fo...

Supreme Court Overturns EPA: Clean Water Act Compliance Orders Can Be Challenged In Court

Tue, 27 Mar 2012 00:00:00 PST

Reversing the U.S. EPA, and every Federal Court of Appeals that has considered the specific issue, a landmark 9-0 Supreme Court decision handed down March 21, 2012 holds that land-owners may challenge EPA administrative compliance orders issued under the Clean Water Act ("CWA") in court before EP...