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LIBERTY TRANSPORT, INC., Plaintiff and Respondent, v. HARRY W. GORST COMPANY, INC., and Insurance Companies, Defendants and Appellants.

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Insured brought action against insurers and broker to recover for unfair settlement practices, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, and fraud in connection with denial of claim for loss of truck trailer which disappeared along with insured's driver. The Superior Court, Los Angeles County, No. C541632, Macklin Fleming, J., entered judgment on jury verdict in favor of insured. Insurers and broker appealed. The Court of Appeal, Johnson, J., held that: (1) cause of action against insurers for unfair settlement practices is “liability created by statute” within meaning of three-year statute of limitations for action upon liability created by statute; (2) evidence supported conclusion that insurers and broker unreasonably and unjustifiably delayed communicating denial of claim; and (3) award of punitive damages was permissible. Complaint against insurers and broker did not relate back to the filing of original complaint against different insurers and broker and...

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Teresa Sheehan Plaintiff-Appellant v. City And County Of San Francisco…

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I. Introduction

The United States Sentencing Commission (“Commission”) was created by Congress to “establish sentencing policies and practices for the Federal criminal justice system” that implement the Sentencing Reform Act of 1984 (“SRA”), including the purposes of sentencing enumerated at 18 U.S.C. § 3553(a)(2). In establishing such policies and practices, principally 2 through the promulgation of federal sentencing guidelines and policy statements, the Commission’s efforts are guided by the substantive and procedural requirements of the SRA and other congressional sentencing legislation. The SRA directs that the Commission “periodically shall review and revise, in consideration of comments and data coming to its attention, the guidelines.” To this end, the Commission has established a review of the child pornography guidelines as a policy priority for the guidelines amendment cycle ending May 1, 2010. This report is the first step in the Commission’s work on this priority. Congress has been particularly active over the last decade creating new offenses, increasing penalties,

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