Celotex Corp. v. Catrett

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

North Carolina v. Alford

Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

Erie R. Co. v. Tompkins

Holding that state law governs substantive issues and federal law governs procedural issues

Waller v. Truck Ins. Exchange, Inc.

Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

Benach v. County of Los Angeles

Holding photocopying costs for exhibits prepared for use at trial were recoverable under discretionary provision of § 1033.5, subd. (c)

Bank of the West v. Superior Court

Holding that policy terms must be read in their "ordinary and popular sense"

AIU Insurance v. Superior Court

Holding that an insurance policy covered "as damages" the costs associated with complying with an injunction and/or a reimbursement order for environmental clean-up expenses

Wilson v. 21st Century Ins. Co.

Holding that insured had raised triable issue of fact as to whether insurer breached the covenant of good faith by failing to investigate insured's claim, where insured had presented medical evidence of degenerative spine disease resulting from trauma, and the insurer denied the claim without conducting any investigation on the basis of the unfounded opinion that the insured suffered from a preexisting degenerative disorder

Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.

Holding presence of wood splinters in almonds caused "property damage" within meaning of commercial general liability policy when contaminated almonds were incorporated into nut clusters and cereal products

Love v. Fire Ins. Exchange

Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause

Section 42-8-60 - Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge

Permitting court to defer proceedings, place first offender defendant on probation without a judgment of guilt and dismiss the charges once defendant completes the probationary term

Section 16-5-3 - Involuntary manslaughter

Providing that " person who commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner, upon conviction thereof, shall be punished as for a misdemeanor"

Section 22 - Insurance

In section 22 of the Insurance Code, insurance is defined as a contract without specifying that it must be written, and the definition of insurance and of a policy of insurance has not been substantially changed since 1872.

Section 46-8-380 - Intruding on railroad tracks