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Hartford Casualty Insurance Co. v. Swift Distribution Inc.
Insurer has no duty to defend insured under policy covering ‘personal and advertising injury’ where lawsuit did not involve disparagement of other company's product.
Insurance Jun. 13, 2014
Ginsberg v. Northwest, Inc.
Order
Jun. 13, 2014
Jiang v. Holder
Chinese citizen who practiced Christianity does not receive asylum, because she failed to testify about physical abuse, which she emphasized in asylum application.
Immigration Jun. 13, 2014
Robinson v. American Home Mortgage Servicing Inc.
Borrowers may pursue claims against private electronic mortgage registration system that alleged use of system caused filing of numerous false documents.
Banking Jun. 13, 2014
U.S. v. Goldtooth
Defendant escapes conviction for aiding and abetting robbery on Indian Reservation when he had no idea companion would snatch tobacco from victim.
Native American Affairs Jun. 13, 2014
ReadyLink Healthcare Inc. v. State Compensation Insurance Fund
Federal court incorrectly abstains from deciding claim that IRS regulations preempted California Dept. of Insurance’s decision regarding premium calculation.
Insurance Jun. 13, 2014
U.S. v. Quintero-Junco
Although district court misapplied approach for determining whether Arizona sex offense was a crime of violence, defendant’s sentence increase remains intact.
Criminal Law and Procedure Jun. 13, 2014
Aircraft Service International INC. v. International Brotherhood of Teamsters AFL CIO Local 117,
Order
Jun. 13, 2014
Marriage of Williamson
Cash advances to son from wealthy parents must be included in family court’s calculation of child support obligations because they were not considered loans.
Family Law Jun. 13, 2014
Orichian v. BMW of North America LLC
Despite trial court's incorrect refusal to instruct jury on breach of written warranty under Magnuson-Moss Warranty Act, customer’s claim against BMW still fails.
Business Law Jun. 13, 2014
Kim v. Konad USA Distribution Inc.
Employee proves she exhausted administrative remedies before suing employer for sexual harassment by submitting complaints to DFEH and obtaining right-to-sue letters.
Employment Law Jun. 13, 2014
Dixon v. Williams
Trial court incorrectly instructs jury that honest but reasonable, instead of unreasonable, belief in need for self-defense may not reduce murder to manslaughter.
Criminal Law and Procedure Jun. 12, 2014
Lantz v. WCAB
Widow is not entitled to workers’ compensation benefits following death of her correctional officer husband during drive home, after he served a hold-over shift.
Workers' Compensation Jun. 11, 2014
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began.
Insurance Jun. 11, 2014
Rea v. Blue Shield of California
Health care service plans must provide residential care treatment to patients who suffer from anorexia nervosa and bulimia nervosa under California Mental Health Parity Act.
Health Care Jun. 11, 2014
Jonathan P., a Minor
Father whose whereabouts were unknown during dependency proceedings has right to reunification services with son, even if son later went missing.
Juveniles Jun. 11, 2014
Children's Hospital Central California v. Blue Cross of California
Trial court incorrectly narrows its calculation of the reasonable and customary value of emergency services rendered by hospital to Blue Cross during off-contract period.
Health Care Jun. 11, 2014
Erlach v. Sierra Asset Servicing LLC
County’s red-tagging of foreclosed residence does not void residential lease, even if tenant could no longer occupy property.
Real Property Jun. 11, 2014
Opinion of Harris (13-1102)
Federal Agricultural Act renders California’s Hemp Act operative, allowing cultivation of industrial hemp for research purposes, subject to limitations under federal law.
Government Jun. 10, 2014
CTS Corp. v. Waldburger
CERCLA does not preempt North Carolina’s statute of repose, barring landowner’s tort claim against electronics plant operator who sold plant 24 years ago.
Environmental Law Jun. 10, 2014
Executive Benefits Insurance Agency v. Arkison
Bankruptcy court may not enter final judgment in cases involving 'core' proceedings, but may issue proposed findings and conclusions of law for district court to review.
Bankruptcy Jun. 10, 2014
Scialabba v. Cuellar de Osorio
Board of Immigration Appeals’ determination that ‘aged out’ children of principal beneficiaries seeking immigrant visas are not entitled to priority is reasonable.
Immigration Jun. 10, 2014
Ward v. MI Parole Board
Order
Jun. 10, 2014
Harper v. Texas
Order
Jun. 10, 2014
Hill v. Degery
Trial court does not need to apportion fees between two defendants when calculating attorney fees, because same defenses applied to both of them.
Civil Procedure Jun. 10, 2014
Keshtgar v. U.S. Bank N.A.
Borrower, who defaulted on mortgage loan, has no cause of action against bank to prevent bank from initiating non-judicial foreclosure proceedings.
Real Property Jun. 10, 2014
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance.
Criminal Law and Procedure Jun. 9, 2014
Eden Place LLC v. Perl (In re Perl)
Debtor’s filing for bankruptcy voids eviction from home he still occupied, because automatic stay protected his possessory interest in home.
Bankruptcy Jun. 9, 2014
People v. Martinez (E057976)
Hit-and-run driver does not have to pay $425,655 in victim restitution because he never pleaded guilty to causing accident that resulted in victim’s traumatic brain injury.
Criminal Law and Procedure Jun. 9, 2014
Gabriel v. Alaska Electrical Pension Fund
Retiree may not recover surcharge from pension fund, which allegedly breached its fiduciary duty by incorrectly paying him benefits he had not earned.
Employment Law Jun. 9, 2014