Case Summaries

Insurance Law

[08/27] Fidelity and Guaranty Ins. Co. v. Star Equip. Corp.
In a dispute arising over a construction contract, enforcement of a settlement agreement and grant of summary judgment are affirmed where: 1) a hand-written agreement contemplated execution of a more formal agreement does not preclude enforcement of the hand-written agreement; 2) the terms of this settlement were clear and unambiguous; 3) there was no error in the district court's order enforcing the Settlement Memorandum of Agreement as a settlement agreement that disposed of all the claims in the case except the indemnification dispute; and 4) Fidelity is entitled to indemnification because defendants failed to present any material facts which would give rise to a factual dispute as to a 'want of good faith' on the part of Fidelity.

[08/26] Fidelity and Guaranty Ins. Underwriters, Inc. v. Jasam Realty Corp.
In an insurance claims case related to a personal injury action, judgment for plaintiff-insurer is vacated and remanded where: 1) the district court's special verdict form permitted the jury to consider incorrect dates on which the veracity of the alleged misrepresentations could be judged; and 2) the court did not correct the error when invited by the jury to clarify the matter

[08/26] Della Dial v. Healthspring of Alabama, Inc.
In an appeal presenting the question of whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court, denial of plaintiffs' motion to remand is reversed and remanded where: 1) because the plaintiffs' action is not a "civil action of which the district courts have original jurisdiction," the action is not removable; and 2) the district court would lack subject-matter jurisdiction over their complaint because it is not against the Secretary of the Department of Health and Human Services for review of an administrative decision.

More...

Injury & Tort Law

[08/27] Ramirez v. Knoulton
In a suit alleging excessive force by defendant-police officer for shooting plaintiff during his arrest, denial of summary judgment to defendant is reversed where defendant acted reasonably in deciding to use deadly force, and no constitutional violation therefore occurred.

[08/27] Khorrami v. Rolince
In a suit alleging violations of due-process rights by government agents who detained plaintiff while investigating the September 11, 2001 terrorist attacks, an interlocutory appeal of the denial of a grant of qualified immunity to defendants is dismissed for lack of appellate jurisdiction where the district court's deferral of a ruling on the government's qualified immunity motion was not equivalent to a denial of the motion.

[08/26] Grynberg v. Total S.A.
In two suits against oil companies raising tort claims for breach of fiduciary duty and equitable claims for unjust enrichment involving potential oil and gas reserves in Kazakhstan, summary judgment for defendants is affirmed where the claims were barred by the applicable statute of limitations and laches.

More...

Family Law

[08/22] In re A.C.
Order terminating parental rights is affirmed where: 1) the dependency court's noncompliance with section 372 standing alone does not violate the parent's due process rights; and 2) the error is subject to a harmless error standard.

[08/22] Iglesias v. Mukasey
Petition for review of BIA's denial of motion to reopen the case is denied where: 1) petitioner's allegation that BIA had ignored evidence put forth by petitioner regarding his marriage to an American citizen was an allegation of legal error subject to appellate review; but 2) petitioner did not provide clear and convincing evidence that his marriage was bona fide.

[08/21] US v. Carson
Sentence for conspiring to transport a minor across state lines for the purpose of unlawful sexual activity and interstate travel to engage in illicit sexual conduct is affirmed where, for purposes of applying a sentencing enhancement, the minor victim was properly determined to be in defendant's custody, care, or supervisorial control, despite argument that the victim's mother's presence gave her sole custody and control.

More...