Wednesday, June 6, 2012

Constitutional law, habeas corpus, insurance coverage, health care reform, and fresh summer squash sauteed in rosemary-sage butter

Attorney's fees -- Prevailing party -- Award of fees is reversed where final judgment entered in favor of the prevailing parties was reversedBLACK 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 saleRADLAX 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 prospectivelySTEVEN 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 certifiedSHIMEEK 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 finalMALCOLM D. DELANCY, JR., Appellant, v. KENNETH S. TUCKER, Secretary, Department of Corrections, Appellee. 1st District.

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