The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges.
The Law of Judicial Precedent is available now for purchase.
January 23, 2017 Insurance Law, Administrative Law (Supreme Court of California) - In an insurance case addressing the Insurance Commissioner's 2011 regulation covering replacement cost estimates for homeowners insurance, Cal. Code Regs., tit. 10 section 2695.183, which addressed the divergence between homeowners' expectations of insurance coverage and the actual scope of coverage on their dwellings, the Court of Appeal's judgment invalidating the regulation is reversed where the Unfair Insurance Practices Act, Ins. Code section 790.10, supports the Insurance Commissioner's 2011 regulation.
January 20, 2017 Civil Procedure, Insurance Law (United States Ninth Circuit) - In a garnishment proceeding arising out of an insurance settlement and assignment, the district court's judgment discharging insurers is vacated and remanded for further proceedings where: 1) the garnishment proceeding was removable, and the district court had jurisdiction; 2) there was no federal judgment in this case upon which to execute; and 3) the district court had discretion under Fed. R. Civ. P. 81(c)(2) to order repleading.