Attorney's fees -- Prevailing party -- Award of fees is
reversed where final judgment entered in favor of the prevailing parties was
reversed
BLACK
DIAMOND PROPERTIES, INC., BLACK DIAMOND REALTY, INC., AND STANLEY C. OLSEN,
Appellants, v. CHARLES S. HAINES, KATHY HAINES, RICHARD O. CONBOY, JACKSON
RANDOLPH, LARRY LAUKKA, ANGELO MASUT, BRENDA MASUT AND TOM HOWELL, Appellees.
5th District.
Bankruptcy -- Chapter 11 -- Confirmation of plan -- Debtors
may not obtain confirmation of Chapter 11 cramdown plan that provides for sale
of collateral free and clear of creditor's lien but does not permit creditor to
“credit-bid” at the sale
RADLAX GATEWAY HOTEL, LLC, et al., Petitioners v.
AMALGAMATED BANK. U.S. Supreme Court.
Dissolution of marriage -- It was error to require both
parties to obtain life insurance to secure child support where such relief was
not requested, and where court made no findings that special circumstances
justified requirement and no findings regarding insurability, cost of
insurance, or ability to afford insurance -- Court erred in finding that child
could not be home schooled where child would not reach kindergarten age until
twenty months after date of final judgment -- It is improper to determine best
interest of child prospectively
STEVEN EDWARD EISELE, Appellant/Cross-Appellee, v. HEIDI
MARIE EISELE, Appellee/Cross-Appellant. 2nd District.
Iranian Investments: CALIFORNIA MEASURE SEEKS TO BAN
INSURERS' INVESTMENTS IN IRAN, 8 No. 2 Westlaw Journal Insurance Bad Faith 9,
Westlaw Journal Insurance Bad Faith May 29, 2012 The California Insurance
Commission has passed an initiative over opposition from insurance companies
and associations, that seeks to restrict insurers from investing state
residents' premiums in entities involved with building Iran's nuclear sector or
developing the country's petroleum or natural gas. Although State Farm Insurance
Co. and insurance industry trade organizations registered their opposition to
Assembly Bill 2160, the measure passed after a committee hearing May 2.
Health Care Reform: NOTRE DAME, CATHOLIC GROUPS SUE TO BLOCK
CONTRACEPTION MANDATE, Univ. of Notre Dame v. Sebelius, 22 No. 34 Westlaw
Journal Insurance Coverage 3, Westlaw Journal Insurance Coverage June 1, 2012
May 21 (Reuters) - The University of Notre Dame and dozens of other Catholic
institutions have sued the Obama administration to block a government
regulation that requires employers to provide health insurance coverage for
contraceptives to employees. The regulation, which is part of the president's
health care reform law, has sparked a nasty fight between the administration
and the Roman Catholic Church, which opposes artificial contraception. Some 43
Catholic groups have sued.
Professional Services Exclusion: PROPERTY MANAGER GETS NO
COVERAGE FOR FATAL APARTMENT FIRE, Golden Eagle Ins. Corp. v. Lemoore Real
Estate & Prop. Mgmt., 22 No. 34 Westlaw Journal Insurance Coverage 4, Westlaw
Journal Insurance Coverage June 1, 2012 A property manager will get no coverage
for a $29 million judgment in wrongful-death suits stemming from an apartment
complex fire that killed five people, a California appeals court has ruled. The
5th District Court of Appeal held that the professional services exclusion in
Lemoore Real Estate & Property Management Inc.'s business liability policy
with Golden Eagle Insurance Corp. precluded coverage for the judgment.
Duty to Defend: HOMEBUILDER HAD RIGHT TO
CONTROL ITS DEFENSE IN DEFECT SUITS, Travelers Prop. Cas. Co. v. Centex Homes,
22 No. 34 Westlaw Journal Insurance Coverage 9, Westlaw Journal Insurance
Coverage June 1, 2012 Homebuilding giant Centex Homes claimed the right to
control its legal defense when its insurer, Travelers Property Casualty Company
of America, stalled in defending it in a pair of construction defect lawsuits,
a California federal judge has ruled. "As the duty to defend arises
immediately upon tender, Travelers' delay in providing Centex with a defense
divested it the insurer of the right to control that defense," U.S.
District Judge Samuel Conti of the Northern District of California said.
Criminal law -- Sentencing -- Holding of United States
Supreme Court in Graham v. Florida that the Eighth Amendment prohibits life
sentences without the possibility of parole for juveniles convicted of
nonhomicide crimes does not prohibit imposition of seventy-year sentence on
fourteen-year-old juvenile defendant convicted of attempted first-degree murder
-- Question certified
SHIMEEK GRIDINE, Appellant, v. STATE OF FLORIDA, Appellee.
1st District.
Criminal law -- Trafficking in cocaine -- Habeas corpus --
Claim that section 893.13, as amended by section 893.101, is facially
unconstitutional because it eliminates all mens rea from drug statute should
have been raised on direct appeal or in post conviction proceedings, rather
than in habeas petition -- Assuming trial court deemed habeas petition a rule
3.850 motion, trial court correctly determined it would be time-barred and
declined to transfer it to sentencing court where relief was sought four years
after judgment and sentence became final
MALCOLM D. DELANCY, JR., Appellant,
v. KENNETH S. TUCKER, Secretary, Department of Corrections, Appellee. 1st District.
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