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	Key Decisions - August 2008 General Legal  Key Decisions - August 2008 [pdf] Welcome to the August 2008 edition of the Key Decisions eNewsletter, Berger Kahn's monthly publication summarizing the most important California state and federal court decisions. Key Decisions is now an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here. In This Issue Bandana Trading Co., Inc. v. Quality Infusion Care, Inc.: A Juror’s Reaction To A Statement Made During Closing Argument Did Not Amount To Prejudicial Misconduct Brinker Restaurant Corp. v. Superior Court: Employers Merely Need to Provide -- Not Ensure -- Meal and Rest Periods City of Hollister v. Montgomery Insurance Company: An Insurer Was Estopped To Rely On A Policy Provision Requiring The Insured To Enter Into A Contract To Rebuild Fire Damaged Premises Within 180 Days Crawford v. Weather Shield Manufacturing, Inc.: An Indemnity Agreement In A Construction Contract Gave Rise To A Duty To Defend Explorer Insurance Company v. Gonzalez: Underinsured Motorist Status Is Determined Based On A Comparison Of The Policy Limits, Not On What A Victim Actually Receives Garcia v. Paramount Citrus Association, Inc.: A Plaintiff Seeking To Establish A Duty Of Care Must Remember To Articulate Specific Preventive Measures That Are Not Unduly Burdensome Great American Insurance Companies v. Gordon Trucking, Inc.: A Defendant Moving For Summary Judgment Can Use Factually Devoid Interrogatory Answers Only Against An Opponent Who Gave Those Answers Ontiveros v. DHL Express (USA), Inc.: An Arbitration Provision In An Employment Agreement Was Unenforceable As Being Unconscionable Simmons v. Ghaderi: Evidence of Mediation Conduct Was Not Admissible To Establish A Settlement When The Defendant Sought To Back Out Of A Settlement Made At The Mediation State Farm Fire & Casualty Company v. Superior Court: An Insurer Had A Duty To Defend An Insured Who Intentionally Threw The Claimant Into A Swimming Pool But Did Not Intend To Throw Him On The Concrete Step Back
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