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Key Decisions - November 2008
General Legal 

Key Decisions - November 2008 [pdf]

Welcome to the November 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

Bouton v. USAA Casualty Insurance Company: Insured Status For Uninsured Motorist Benefits Is Not Subject To Mandatory Arbitration

Brinkley v. Public Storage, Inc.: An Employer's Obligation Is To Make Meal Periods And Rest Periods Available, Not To Ensure That They Are Taken

Fonesca v. Fong: When There Is Reason To Believe An Arrestee May Not Be A Citizen Of The United States, The Arresting Agency Must Notify The INS

Globalist Internet Technologies v. Reda: Attorney's Fees Incurred In A Separate Suit Were Recoverable As Fees Incurred To Enforce A Prior Judgment

Gray v. McCormick: The Holder Of An Exclusive Easement May Even Exclude The Owner Of The Underlying Property

Kindrich v. The Long Beach Yacht Club: Primary Assumption Of Risk Does Not Apply To A Passenger Who Jumps From A Pleasure Boat To The Dock To Help Tie It Up

Williams v. Russ: Terminating Sanctions Were Proper For A Litigant's Intentional Spoliation Of Evidence

Williamson v. Mazda Motor of America, Inc.: Federal Law Permits A Carmaker To Use A Two-Point Lap Belt And As Such, There Can Be No Tort Liability For Doing So


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