§Why CasetextPricing

Dillon v. Continental Casualty Company

Cross MOTION for Summary Judgment Continental Casualty Company's Cross-Motion for Summary Judgment, Opposition to Dillons Post Appeal Motion for Summary Judgment on the 2004 Policy and Memorandum of Points and Authorities in Support Thereof

29 Cited authorities

  1. Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund

    575 U.S. 175 (2015)   Cited 463 times   55 Legal Analyses
    Holding in the context of a claim under Section 11 of the Securities Act of 1933 that whether a statement is "misleading" is determined from "the perspective of a reasonable investor"

  2. Orr v. Bank of America, NT & SA

    285 F.3d 764 (9th Cir. 2002)   Cited 3,100 times
    Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"

  3. Kennedy v. Allied Mut. Ins. Co.

    952 F.2d 262 (9th Cir. 1991)   Cited 788 times   1 Legal Analyses
    Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact

  4. Yeager v. Bowlin

    693 F.3d 1076 (9th Cir. 2012)   Cited 333 times   1 Legal Analyses
    Holding district court can apply sham affidavit rule to "prevent[] a party who has been examined at length on deposition from raising an issue of fact simply by submitting an affidavit contradicting h[er] own prior testimony." (quotations and alterations omitted)

  5. Beyene v. Coleman Sec. Services, Inc.

    854 F.2d 1179 (9th Cir. 1988)   Cited 697 times
    Holding that party's failure "to lay a foundation for any exception to the hearsay rule" required that court ignore hearsay evidence on summary judgment

  6. Stuart v. Unum Life Ins. Co. of America

    217 F.3d 1145 (9th Cir. 2000)   Cited 102 times
    Holding position as Director of Human Resources adequate to establish personal knowledge of employee insurance plans

  7. Auto Lenders v. Gentilini Ford

    181 N.J. 245 (N.J. 2004)   Cited 77 times
    Holding that "[i]n view of the prevailing approach taken by courts in New Jersey and elsewhere to defining direct loss, in whatever type of policy that term arose, we adopt the conventional proximate cause test as the correct standard to apply when determining whether a loss resulted from the dishonest acts of an employee"

  8. Royal Globe Ins. Co. v. Whitaker

    181 Cal.App.3d 532 (Cal. Ct. App. 1986)   Cited 121 times
    In Royal Globe Ins. Co. v. Whitaker (1986) 181 Cal.App.3d 532, 538, footnote 8 [ 226 Cal.Rptr. 435], the insurer conceded that emotional distress alleged in a complaint for fraud constituted bodily injury within the meaning of the policy.

  9. Chevron USA, Inc. v. Cayetano

    224 F.3d 1030 (9th Cir. 2000)   Cited 66 times
    Reversing grant of summary judgment because genuine issues of material fact remain "[n]ot-withstanding the fact that both sides moved for summary judgment and agreed that summary judgment was appropriate one way or the other"

  10. Mosesian v. Peat, Marwick, Mitchell Co.

    727 F.2d 873 (9th Cir. 1984)   Cited 107 times
    Dealing with an accountant who allegedly issued false and misleading reports relied upon by stockholders to purchase stock

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,185 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,761 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"

  13. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,184 times   49 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  14. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,527 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  15. Section 1031 - Exchange of real property held for productive use or investment

    26 U.S.C. § 1031   Cited 731 times   78 Legal Analyses
    Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

  16. Section 533 - Willful act of insured, negligence of insured

    Cal. Ins. Code § 533   Cited 392 times   20 Legal Analyses
    Precluding insurance for willful acts

  17. Section 1.1031(k)-1 - Treatment of deferred exchanges

    26 C.F.R. § 1.1031(k)-1   Cited 38 times
    Providing that “ qualified intermediary is a person who—... (B) Enters into a written agreement with the taxpayer (the ‘exchange agreement’) and, as required by the exchange agreement, acquires the relinquished property from the taxpayer, transfers the relinquished property, acquires the replacement property, and transfers the replacement property to the taxpayer.”