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Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)
Bankruptcy court may refuse to enforce arbitration provision if arbitration conflicts with underlying purposes of Bankruptcy Code, even in core proceedings.
Bankruptcy Jan. 31, 2012
M&F Fishing Inc. v. Sea-Pac Insurance Managers Inc.
Insureds may be entitled to return of commissions and broker fees received by insurers when placing marine insurance with nonadmitted carrier.
Insurance Jan. 31, 2012
People v. Indiana Lumbermens Mutual Insurance Co.
Addition of robbery charge based on same acts alleged in original complaint, materially increasing surety’s risk, does not automatically exonerate bond.
Criminal Law and Procedure Jan. 31, 2012
Bernard v. City of Oakland (California Public Employees' Retirement System)
Cities properly implement new formula for making additional payments toward retirees' health care premiums under amendment to Public Employee Medical Hospital Care Act.
Labor Law Jan. 31, 2012
Tverberg v. Fillner Construction Inc.
Hirer that negligently exercises retained control over jobsite safety and affirmatively contributes to independent contractor’s injury may be held directly liable for injury.
Torts Jan. 30, 2012
Vandermost v. Bowen
If proposed referendum challenging new voting district map qualifies for ballot, certified map must be used as interim boundaries for 2012 elections.
Government Jan. 30, 2012
Diaz v. Adams
Order
Jan. 30, 2012
Tyson v. Holder
Permanent resident who agreed to stipulated facts trial qualifies for discretionary relief from deportation despite repeal of such relief for drug convictions.
Immigration Jan. 30, 2012
Association of Irritated Residents v. United States Environmental Protection Agency
Agency arbitrarily approves attainment plan revision by failiing to evaluate existing plan and determining its necessity in ensuring compliance with Clean Air Act.
Environmental Law Jan. 30, 2012
A.E. v. County of Tulare
Dismissal of foster child’s federal civil rights claim without giving leave to amend complaint constitutes abuse of discretion where amendment was not futile.
Civil Rights Jan. 30, 2012
Hutcherson v. Arizona Health Care Cost Containment System Administration
State may recover medical care costs from spouse's annuity, which was created in order to spend down assets to qualify for Medicaid.
Health Care Jan. 30, 2012
Meruelo Maddux Properties-760 S. Hill Street LLC v. Bank of America N.A. (In re Meruelo Maddux Properties Inc.)
Entity that appears to meet all elements of single asset real estate is not entitled to ‘whole enterprise exception’ where statute provides none.
Bankruptcy Jan. 30, 2012
Ghaffarpour v. Superior Court (Commerce Plaza Hotel)
Timeliness of plaintiffs' motion to disqualify judge depends on Code of Civil Procedure even when contradictory local rule is in place.
Civil Procedure Jan. 30, 2012
People v. Hughes
Court may impose probation condition that prohibits defendant from using medical marijuana where condition related to crimes of conviction and future criminality.
Criminal Law and Procedure Jan. 30, 2012
People v. Miller
Equitable estoppel prevents narcotics offender, who entered into plea agreement, from vacating his plea even where his misdemeanor was mistakenly classified as felony.
Criminal Law and Procedure Jan. 30, 2012
Promenade at Playa Vista Homeowners Association v. Western Pacific Housing
Order
Jan. 27, 2012
Searcy v. Ada County Prosecuting Attorney’s Office (In re Searcy)
Attorney fees awarded to county following prisoner’s frivolous lawsuits are not dischargeable debts in bankruptcy proceeding.
Bankruptcy Jan. 27, 2012
People v. Reese
Order
Jan. 27, 2012
Oshodi v. Holder
BIA sufficiently complies with Ninth Circuit’s mandate on remand by considering REAL ID Act’s impact on requirement to provide corroborating evidence.
Immigration Jan. 27, 2012
U.S. v. McGowan
Former prison guard's sentencing deprives him of due process by relying on allegations made by inmate who was not present at trial or hearing.
Criminal Law and Procedure Jan. 27, 2012
People v. Geter
Absent any evidence that victim regained physical possession of money, defendant’s conviction for grand theft from person cannot stand.
Criminal Law and Procedure Jan. 27, 2012
Christie v. Kimball
Order requiring trustee to file accounting is not appealable where probate court did not also decide whether petitioner was beneficiary entitled to accounting.
Probate and Trusts Jan. 27, 2012
Tracy J. v. Superior Court (San Diego County Health and Human Services Agency)
Developmentally disabled parents are not given reasonable reunification services where they were only given four hours of supervised visitation each week.
Juveniles Jan. 27, 2012
In re Bratton
Court lacks authority to grant custody credit because petitioner should have presented claim for additional credit to Dept. of Corrections, and then Board of Parole Hearings.
Criminal Law and Procedure Jan. 26, 2012
U.S. v. Juvenile Male
Sex offender registration requirement applies to specific class of juvenile delinquents, even if it contravenes confidentiality provisions of Federal Juvenile Delinquency Act.
Juveniles Jan. 26, 2012
U.S. v. Gonzalez
Under joint defense privilege, court must determine when implied agreement between parties ended to decide whether certain communications are discoverable.
Criminal Law and Procedure Jan. 26, 2012
Vitkievicz v. Valverde
Petition challenging DMV's revocation of driving privileges is untimely where petition was not filed within 94 days of mailing of notice of decision.
Administrative Agencies Jan. 26, 2012
Klein v. Chevron USA Inc.
Trial court abuses discretion by abstaining where consumers had no other means of resolving harms caused by potentially deceptive motor fuel sales practice.
Business Law Jan. 26, 2012
Pearson v. Superior Court (Nicholson)
Only minor may void settlement agreement while petition of approval is pending and minor’s intervening death does not inure to benefit defendant.
Torts Jan. 26, 2012
Flores v. Kmart Corp.
Defendant fails to demonstrate that reorganization plan approval barred wrongful death claim where record did not show whether plaintiffs' identities were reasonably ascertainable.
Torts Jan. 26, 2012