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Insurance - Claims and Settlements
No. 88-2516
889 F.2d 1363 (1989) | Cited 6173 times
... WIDENER, Circuit Judge Appellant Robert Ridenour appeals from a $9,000,000 verdict awarded the appellee, Arnold Snyder, in a personal injury action stemming from a May 19, 1986 automobile accident in Indiana. We find no merit in Ridenour's contentions, and we affirm. At the time of the accident, ...
No. 274
58 S. Ct. 586 (1938) | Cited 4391 times
... MR. JUSTICE ROBERTS delivered the opinion of the Court. The decision under review is that, although, at the time of removal of a cause from a state court, the complaint disclosed an amount in controversy requisite to the federal court's jurisdiction, a subsequent amendment, reducing the sum ...
No. 07-30119
495 F.3d 191 (2007) | Cited 3258 times
... REVISED August 30, 2007 Before KING, DeMOSS, and OWEN, Circuit Judges. On the morning of August 29, 2005, Hurricane Katrina struck along the coast of the Gulf of Mexico, devastating portions of Louisiana and Mississippi. In the City of New Orleans, some of the most significant damage occurred ...
No. 85-686
107 S. Ct. 1542 (1987) | Cited 2862 times
... JUSTICE O'CONNOR delivered the opinion of the Court. In Pilot Life Ins. Co. v. Dedeaux, ante, p. 41, the Court held that state common law causes of action asserting improper processing of a claim for benefits under an employee benefit plan regulated by the Employee Retirement Income Security Act ...
No. 85-1043
107 S. Ct. 1549 (1987) | Cited 2604 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts state common law tort and contract actions asserting improper processing of a ...
No. 81-440
102 S. Ct. 2099 (1982) | Cited 2441 times
... JUSTICE WHITE delivered the opinion of the Court. Rule 37(b), Federal Rules of Civil Procedure, provides that a district court may impose sanctions for failure to comply with discovery orders. Included among the available sanctions is: "An order that the matters regarding which the order was made ...
No. 50
78 S. Ct. 199 (1957) | Cited 2385 times
... Opinion of the Court by MR. JUSTICE BLACK, announced by MR. JUSTICE DOUGLAS. Petitioner, Lulu B. McGee, recovered a judgment in a California state court against respondent, International Life Insurance Company, on a contract of insurance. Respondent was not served with process in California but by ...
Docket No. 99-6089
201 F.3d 110 (2000) | Cited 2260 times
... Argued: November 3, 1999 Plaintiff appeals from an order of the United States District Court for the Southern District of New York (Preska, J.), granting defendant's motion to dismiss the complaint for lack of subject matter jurisdiction. AFFIRMED. BACKGROUND In 1982, Natalia Makarova was ...
No. 446
57 S. Ct. 461 (1937) | Cited 2249 times
... MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court. The question presented is whether the District Court had jurisdiction of this suit under the Federal Declaratory Judgment Act. Act of June 14, 1934, 48 Stat. 955; Jud. Code, § 274D; 28 U. S. C. 400. 1 The question arises upon the ...
Nos. 83-5607, 83-5776
733 F.2d 646 (1984) | Cited 2169 times
... SKOPIL, Circuit Judge: Thomas Jones, Jr., dba T.A. Jones & Associates, ("Jones"), brought an action pro se against the Community Redevelopment Agency of Los Angeles ("CRA"), employees of CRA, two bonding companies, agents of the bonding companies, and three City of Los Angeles employees. The ...
No. 94-1447
55 F.3d 873 (1995) | Cited 2069 times
... Opinion OF THE COURT Becker, Circuit Judge. This is an underinsured motorist (UM) case governed by Pennsylvania law. The appeal arises out of an action filed in the United States District Court for the Eastern District of Pennsylvania by plaintiffs George and Evangelina Jumara seeking to appoint ...
Nos. 98-2258, 98-2337
204 F.3d 1005 (2000) | Cited 2011 times
... PUBLISH Appellant, St. Paul Fire and Marine Insurance Company ("St Paul"), appeals from the district court's denial of two Fed. R. Civ. P. 60(b) motions and its denial of a motion to reconsider the denial of the first Rule 60(b) motion. St. Paul argues that the district court abused its discretion ...
No. 772
62 S. Ct. 1173 (1942) | Cited 1958 times
... MR. JUSTICE FRANKFURTER delivered the opinion of the Court. The Excess Insurance Company of America, the respondent here, brought this suit for a declaratory judgment to determine its rights under a reinsurance agreement made in 1932 with the Central Mutual Insurance Company of Chicago, Illinois. ...
No. 01-30411
276 F.3d 720 (2002) | Cited 1892 times
... Appeal from the United States District Court for the Middle District of Louisiana In November, 1993, Merle Manguno's 1990 Lincoln Towncar was damaged in an accident. Manguno's insurer, Prudential Property and Casualty Insurance Company, paid her for the repair of the car, but not for the ...
A-123 September Term 1994
142 N.J. 520 (1995) | Cited 1856 times
... (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been ...
Docket No. 05-3828-cv
482 F.3d 184 (2007) | Cited 1787 times
... Argued February 15, 2006 Errata Filed April 4, 2007 Before KEARSE and SACK, Circuit Judges, and STANCEU, Judge. 1 Plaintiffs-appellants are former employees of the Dun & Bradstreet Corporation ("Dun & Bradstreet") who were terminated from the company when Dun & Bradstreet sold its "Receivables ...
No. 94-55943
80 F.3d 336 (1996) | Cited 1726 times
... BRIGHT, Senior Circuit Judge: Charles and Aniko Cahill filed suit against Liberty Mutual Insurance Co. (Liberty), seeking to recover from Liberty the amount of an existing default judgment obtained in the Los Angeles County Superior Court against Associated Farm Management, Inc. (AFM). Upon remand ...
No. 98-16024
210 F.3d 1099 (2000) | Cited 1644 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding Argued and Submitted June 17, 1999--San Francisco, California Opinion by Judge William A. Fletcher OPINION Appellants Hitachi Data Systems ...
Nos. 93-5743, 93-5764
52 F.3d 1194 (1995) | Cited 1554 times
... Opinion OF THE COURT SCIRICA, Circuit Judge. This is a dispute between an excess insurer and a reinsurer over who should pay for defense litigation costs arising out of asbestos injury claims against the underlying insured. Under procedures established by the Wellington Agreement, a comprehensive ...
Nos. 00-35187, 00-35283, 01-35137
331 F.3d 1122 (2003) | Cited 1538 times
... FOR PUBLICATION OPINION Argued and Submitted March 6, 2002-Portland, Oregon OPINION This case calls upon us to determine when parties other than the original litigants may gain access to materials that a court has placed under protective seal. Private and Public Intervenors appeal. Private ...
No. 84-9
105 S. Ct. 3085 (1985) | Cited 1489 times
... JUSTICE STEVENS delivered the opinion of the Court. The question presented for decision is whether, under the Employee Retirement Income Security Act of 1974 (ERISA), a fiduciary to an employee benefit plan may be held personally liable to a plan participant or beneficiary for extracontractual ...
Nos. 02-1845 and 03-83
124 S.Ct. 2488 (2004) | Cited 1458 times
... 542 U. S. ____ (2004) In these consolidated cases, two individuals sued their respective health maintenance organizations (HMOs) for alleged failures to exercise ordinary care in the handling of coverage decisions, in violation of a duty imposed by the Texas Health Care Liability Act (THCLA), Tex. ...
No. 02-469
538 U.S. 822 (2003) | Cited 1416 times
... Under a rule adopted by the Commissioner of Social Security, in determining whether a claimant is entitled to Social Security disability benefits, special weight is accorded opinions of the claimant's treating physician. See 20 CFR §§404.1527(d)(2), 416.927(d)(2) (2002). This case presents the ...
No. 93-6453
31 F.3d 1092 (1994) | Cited 1400 times
... This case was removed to federal court from state court. The appeal asks whether federal diversity jurisdiction exists when plaintiff, in state court, seeks an award of actual and punitive damages "in such sum as the jury determines to be just, lawful and fair, but not more than $45,000.00", but ...
No. 99-20878
243 F.3d 912 (2001) | Cited 1396 times
... Appeal from the United States District Court for the Southern District of Texas Errol Howery's home burned down. When he demanded payment from his insurer, Allstate Insurance Company, it refused, accusing him of arson. Howery filed suit in Texas state court. After more than two years, as the case ...
No. 01-1289
123 S.Ct. 1513 (2003) | Cited 1365 times
... 538 U. S. ____ (2003) On Writ Of Certiorari To The Supreme Court Of Utah We address once again the measure of punishment, by means of punitive damages, a State may impose upon a defendant in a civil case. The question is whether, in the circumstances we shall recount, an award of $145 million in ...
No. 86-7294
804 F.2d 9 (1986) | Cited 1277 times
... FEINBERG, Chief Judge: Frederick W.A. Knight appeals from an order of the United States District Court for the Southern District of New York, Constance Baker Motley, Ch. J., granting summary judgment to defendant insurance companies. Knight argues that summary judgment was inappropriate because ...
No. 88-2636
887 F.2d 1236 (1989) | Cited 1257 times
... RUSSELL, Circuit Judge This case poses the question whether a district court may approve the offeror's revocation of an offer of judgment made pursuant to Fed.R.Civ.P. 68 when the offer is induced by fraudulent conduct on the part of the offeree. The district court held that under Rule 68 the ...
No. 75-1071
518 F.2d 1167 (1975) | Cited 1253 times
... In this appeal from the denial of a double indemnity payment for accidental death under a life insurance policy, 1 the parties presented for our consideration the questions whether the district court erred in holding that the policy should be construed in accordance with the law of the forum ...
No. 89-1298
111 S. Ct. 478 (1990) | Cited 1233 times
... JUSTICE O'CONNOR delivered the opinion of the Court.+ This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts a state common law claim that an employee was unlawfully discharged to prevent ...
No. 06-55936
519 F.3d 1025 (2008) | Cited 1223 times
... FOR PUBLICATION OPINION Argued and Submitted February 11, 2008 -- Pasadena, California Before: Alfred T. Goodwin, Betty B. Fletcher, and N. Randy Smith, Circuit Judges. We hold that the district court erred by dismissing Raymond Manzarek's and Doors Touring, Inc.'s ("DTI") amended complaint ...
No. 92-6558
8 F.3d 335 (1993) | Cited 1210 times
... MILBURN, Circuit Judge. Plaintiffs, the executrix of Lillian D. Beard's estate and Beard's daughter, appeal the district court's grant of summary judgment in favor of defendants, Philip Morris Companies, Inc. ("Philip Morris") and the surviving spouse of Lillian D. Beard, James R. Beard. ...
No. 92-2512
987 F.2d 429 (1993) | Cited 1166 times
... CUDAHY, Circuit Judge. For almost a year, Venture Associates Corporation (Venture) and Zenith Data Systems Corporation (Zenith) attempted to negotiate a sale of the Heath Company (Heath), a subsidiary of Zenith. Following preliminary negotiations, the parties agreed to a "letter of intent," ...
(D.C. Civ. No. 94-cv-00309)
126 F.3d 494 (1997) | Cited 1149 times
... Argued July 22, 1997 Filed September 26, 1997 OPINION OF THE COURT After American Sterilizer Company ("AMSCO") placed him on workers' compensation leave, channel welder Robert Krouse filed this action against AMSCO and Liberty Mutual Insurance Company, asserting retaliation claims under the ...
No. 96-2468
148 F.3d 396 (1998) | Cited 1116 times
... PUBLISHED Argued: May 7, 1998 Affirmed by published opinion. Judge Hamilton wrote the opinion, in which Judge Ervin and judge Blake joined. American National Fire Insurance Company (American National) appeals the district court's entry of judgment in favor of Pacific Insurance Company (Pacific) ...
No. 84-325
105 S. Ct. 2380 (1985) | Cited 1108 times
... JUSTICE BLACKMUN delivered the opinion of the Court. A Massachusetts statute requires that specified minimum mental-health-care benefits be provided a Massachusetts resident who is insured under a general insurance policy, an accident or sickness insurance policy, or an employee health-care plan ...
No. 88-3247
883 F.2d 1286 (1989) | Cited 1049 times
... MANION, Circuit Judge Defendants-appellants, Midwhey Powder Company, Inc. ("Midwhey Powder"), Cassel Garden Farmers Co-operative Cheese Company ("Cassel"), and Hillside Co-operative Cheese Manufacturing Association ("Hillside") (for ease of reference we refer to all defendants-appellants ...
No. 08-3798
588 F.3d 585 (2009) | Cited 1029 times
... Submitted: September 24, 2009 Before MURPHY, BRIGHT, and RILEY, Circuit Judges. Jeremy Braden, an employee of Wal-Mart and participant in its employee retirement plan (Plan), brought this putative class action against appellees-Wal-Mart and various executives involved in the management of the ...
No. 02-60005
326 F.3d 644 (2003) | Cited 1029 times
... ON PETITION FOR REHEARING (Opinion January 17, 2003, 5th Cir. 2003, ____F.3d___) We deny the Defendants' motion for rehearing. In response to their petition for panel rehearing, we substitute the following opinion in place of the opinion as originally issued: Plaintiff Mary Travis appeals the ...
No. 06-60463
530 F.3d 395 (2008) | Cited 1000 times
... Before REAVLEY, GARZA, and DENNIS, Circuit Judges. Delta & Pine Land Company ("DPL") appeals the district court's grant of summary judgment in favor of defendants Nationwide Agribusiness Insurance Company and Nationwide Mutual Insurance Company (collectively, "Nationwide"). DPL argues that the ...
No. 97-20294
134 F.3d 1250 (1998) | Cited 998 times
... In this declaratory judgment action, Plaintiff-Appellant St. Paul Reinsurance Company, Ltd. appeals the district court's grant of Defendant-Appellee Larry Greenberg's motion to dismiss for lack of subject matter jurisdiction, finding that St. Paul's complaint failed to satisfy the amount in ...
No. 87-2074
841 F.2d 1254 (1988) | Cited 989 times
... GARWOOD, Circuit Judge: Plaintiff-appellant "Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc." (Getty), brought this action against defendants-appellees Insurance Company of North America (INA), Companies Collective, and NL Industries, Inc. (NL) in a Texas court. INA, joined by ...
No. 99-1786
122 S.Ct. 708 (2002) | Cited 982 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit The question presented is whether §502(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 891, 29 U. S. C. §1132(a)(3) (1994 ed.), authorizes this action by ...
No. 02-10090
315 F.3d 533 (2003) | Cited 972 times
... Appellant S&W Enterprises, L.L.C. appeals from the district court's order granting summary judgment in favor of Appellee SouthTrust Bank of Alabama, N.A., arguing that the court abused its discretion in denying Appellant leave to amend its complaint. Appellant argues also that fact issues preclude ...
No. 05-200
126 S.Ct. 2121 (2006) | Cited 940 times
... 547 U. S. ____ (2006) The Federal Employees Health Benefits Act of 1959 (FEHBA), 5 U. S. C. §8901 et seq. (2000 ed. and Supp. III), establishes a comprehensive program of health insurance for federal employees. The Act authorizes the Office of Personnel Management (OPM) to contract with private ...
No. 01-20235
276 F.3d 754 (2002) | Cited 936 times
... Appeal from the United States District Court for the Southern District of Texas The district court dismissed TIG Insurance Co. ("TIG") and Safety Lights Sales & Leasing Co.'s ("Safety Lights") claims to recover for the costs of defending a lawsuit; the insurance seller's certificate of insurance ...
No. 90-1044
912 F.2d 654 (1990) | Cited 900 times
... Opinion OF THE COURT WEIS, Circuit Judge. In this litigation, which shuttled from the district court to the state court and back again to the federal forum, a former corporate officer seeks recovery for wrongful discharge, as well as additional incentive compensation and pension benefits. The ...
Nos. 06-84 and 06-100
127 S.Ct. 2201 (2007) | Cited 897 times
... 551 U. S. ____ (2007) The Fair Credit Reporting Act (FCRA or Act) requires notice to any consumer subjected to "adverse action ... based in whole or in part on any information contained in a consumer [credit] report." 15 U. S. C. §1681m(a). Anyone who "willfully fails" to provide notice is civilly ...
Docket No. 01-9220
313 F.3d 758 (2002) | Cited 892 times
... Argued: June 21, 2002 As amended January 24, 2003 Plaintiff-appellant Marc Andrew Mario appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) dismissing his complaint against his employer, defendant-appellee P&C Food Markets, ...
S095000
29 Cal.4th 82 (2002) | Cited 882 times
... The question presented is whether this action based on the defendant's having filed counterclaims in a prior, unrelated proceeding in federal court, is one "arising from" activity protected by Code of Civil Procedure section 425.16 (section 425.16; the anti-SLAPP statute), which provides for early ...
No. 97-30667
144 F.3d 377 (1998) | Cited 873 times
... REVISED July 20, 1998 Appeal from the United States District Court for the Western District of Louisiana Moving from Virginia to Louisiana, Tex and Cindy Morris lost most of their furniture and belongings when a fire destroyed the truck transporting their property. The Morrises sued the moving ...
No. 28
88 S. Ct. 733 (1968) | Cited 856 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. This controversy, involving in its present posture the dismissal of a declaratory judgment action for non-joinder of an "indispensable" party, began nearly 10 years ago with a traffic accident. An automobile owned by Edward Dutcher, who was ...
Nos. 97-5155, 97-5156, 97-5217 & 97-5312
148 F.3d 283 (1998) | Cited 846 times
... IN RE: PRUDENTIAL INSURANCE COMPANY AMERICA SALES PRACTICE LITIGATION AGENT ACTIONS On Appeal from the United States District Court for the District of New Jersey Argued January 26, 1998 OPINION OF THE COURT This is an appeal from the approval of the settlement of a nationwide class action ...
No. 99-3112
224 F.3d 601 (2000) | Cited 839 times
... Argued June 1, 2000 Suzanne Oto's father and husband both claim the proceeds from her life insurance policy. The District Court ruled that the change of beneficiary form purporting to change the beneficiary from the father to the husband was a forgery and granted summary judgment for Noboru Oto, ...
No. 04-12229
382 F.3d 1312 (2004) | Cited 830 times
... PUBLISH Non-Argument Calendar The central issue in this case is whether a non-moving party plaintiff may raise a new legal claim for the first time in response to the opposing party's summary judgment motion. 1 We hold it cannot. Following the tragic events of September 11, 2001 in New York ...
Nos. 93-55478, 93-55695
62 F.3d 1493 (1995) | Cited 819 times
... REINHARDT, Circuit Judge: Pano Concha, M.D. and his ex-wife Marta Concha ("the Conchas"), on behalf of the Pano Concha, M.D., Professional Corporation Defined Benefit Plan ("the Plan"), appeal the district court's decisions in two separate actions. In Appeal No. 93-55478 (" Concha I "), the ...
No. 97-30667
144 F.3d 377 (1998) | Cited 814 times
... Appeal from the United States District Court for the Western District of Louisiana Moving from Virginia to Louisiana, Tex and Cindy Morris lost most of their furniture and belongings when a fire destroyed the truck transporting their property. The Morrises sued the moving company, seeking a ...
No. 94-CA-002618-MR
916 S.W.2d 779 (1996) | Cited 801 times
... AFFIRMING JOHNSON, JUDGE: This appeal raises the question of the liability of homeowners for damages sustained by a social guest from a swimming pool injury. The Jefferson Circuit Court found a lack of a legal duty and granted summary judgment in favor of the homeowners. We affirm. On August 15, ...
No. S042287
11 Cal.4th 1 (1995) | Cited 799 times
... LUCAS, C.J.: We granted review to decide the recurring issue whether a commercial general liability insurer is required to defend a third party action that seeks incidental emotional distress damages caused by the insured's noncovered economic or business torts. The Court of Appeal below concluded ...
No. 09-2040
617 F.3d 554 (2010) | Cited 792 times
... Before Torruella, Circuit Judge, Souter, 1 Associate Justice, and Stahl, Circuit Judge. The dispute in this case involves the scope of coverage afforded by an Educator's Liability Policy. 2 Plaintiff-Appellant School Union 37 (SU 37) 3 appeals the district court's dismissal on summary judgment ...
Nos. 90-55859, 90-55871
966 F.2d 470 (1992) | Cited 778 times
... FERGUSON, Circuit Judge: International Insurance Company ("International") appeals orders of the district court granting motions of the intervenors to (1) intervene under Fed. R. Civ. P. 24(b) and (2) modify a protective order to permit the intervenors access to six deposition transcripts taken in ...
No. 99-60875
234 F.3d 863 (2000) | Cited 772 times
... Appeal from the United States District Court for the Southern District of Mississippi Plaintiffs-Appellants J.R. Stripling, Rosson Exploration Company, William G. Bowen, and Brookhaven Pump & Supply Company (collectively "Stripling") appeal from a Rule 54(b) judgment entered in favor of ...
No. 86-497
107 S. Ct. 2759 (1987) | Cited 762 times
... JUSTICE O'CONNOR delivered the opinion of the Court. At issue in these consolidated cases is the appropriate statute of limitations for civil enforcement actions under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. § 1964 (1982 ed. and Supp. III).      I Petitioner ...
No. 97-3869
178 F.3d 804 (1999) | Cited 759 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 99a0202a.06 Argued: July 30, 1998 AMENDED OPINION This is a declaratory judgment action brought to determine whether certain excess insurance policies, which "sit above" and "follow form" to two underlying ...
No. 04-20734
465 F.3d 156 (2006) | Cited 757 times
... Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges. This case brings questions of whether an employee acted within the permissive use authorized by his employer, Goodyear Tires, when he fell asleep at the wheel of a company truck. Applying Texas law, we conclude that genuine issues of material ...
No. 92-1275
977 F.2d 848 (1992) | Cited 731 times
... Opinion OF THE COURT GREENBERG, Circuit Judge. Stephen B. Batoff appeals from two orders in this action which he initiated in state court but which was removed to the district court. The first order, entered on January 15, 1992, dismissed the non-diverse defendant, appellee Leonard M. Paul, and ...
Nos. 07-3605 & 08-1224
556 F.3d 575 (2009) | Cited 728 times
... ARGUED SEPTEMBER 4, 2008 Before MANION, WOOD, and TINDER, Circuit Judges. Even before the stock market began its precipitous fall in early October 2008, litigation over alleged mismanagement of defined contribution pension plans was becoming common. This type of litigation received a boost when, ...
No. 06-923
128 S.Ct. 2343 (2008) | Cited 725 times
... Opinion of the Court 554 U. S. ____ (2008) The Employee Retirement Income Security Act of 1974 (ERISA) permits a person denied benefits under an employee benefit plan to challenge that denial in federal court. 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq.; see §1132(a)(1)(B). Often the ...
A-6427-95T5
307 N.J.Super. 162 (1998) | Cited 719 times
... Argued December 1, 1997 On appeal from Superior Court of New Jersey, Law Division, Morris County. Prudential Property and Casualty Insurance Company (Prudential) appeals 2 from the denial of its motion for summary judgment which sought a declaration that it was not obligated to indemnify or ...
No. 109
89 S. Ct. 1053 (1969) | Cited 714 times
... MR. JUSTICE BLACK delivered the opinion of the Court. Title 28 U. S. C. § 1332 grants jurisdiction to United States district courts of suits between citizens of different States where "the matter in controversy exceeds the sum      or value of $10,000 . . . ." The issue presented by these two ...
No. 03-1675
367 F.3d 212 (2004) | Cited 705 times
... PUBLISHED Argued: February 24, 2004 Affirmed by published opinion. Judge Williams wrote the opinion, in which Judge Michael and Judge Quarles joined. OPINION In this appeal, we consider whether Trigon Healthcare, Virginia's largest for-profit health insurance company, and its affiliated ...
Docket Nos. 93-9324, 94-7090
34 F.3d 1132 (1994) | Cited 700 times
... SWEET, District Judge : Econocom Finance N.V. and Econocom International N.V. (collectively, "Econocom") have appealed from amended judgments of the United States District Court for the Southern District of New York, Barbara A. Lee, United States Magistrate Judge, entered November 16, 1993, and ...
No. 81-3608.
701 F.2d 1276 (1983) | Cited 690 times
... SNEED, Circuit Judge: This appeal was filed by Klamath-Lake Pharmaceutical Association (Association), the assignee of the antitrust claims of a group of pharmacies that service the Klamath Falls, Oregon area. Association's assignors have been losing business to a local nonprofit health care ...
Docket No. 75-7230, No. 92 - September Term, 1975
524 F.2d 1317 (1975) | Cited 679 times
... KAUFMAN, Chief Judge: Although the basic principles for granting summary judgment 1 are well-established, the frequent recurrence of cases in which granting it is inappropriate persuades us that these underlying tenets bear repetition. In order to elucidate the impropriety of applying summary ...
No. 06-1794
475 F.3d 920 (2007) | Cited 675 times
... Submitted: October 20, 2006 Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. The Prudential Insurance Company of America filed this interpleader action to resolve competing claims to the proceeds of Bradley Kamrath's life insurance policy. Following a bench trial, the District Court 1 held ...
No. 94-50112
44 F.3d 256 (1995) | Cited 671 times
... RHESA HAWKINS BARKSDALE, Circuit Judge: The appeal in this removed diversity action concerns fraudulent joinder and enforcement of a settlement agreement, with the critical issue being whether, in order to defeat removal based on fraudulent joinder, the state court complaint in issue here can be ...
No. 98-17361
232 F.3d 719 (2000) | Cited 663 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, District Judge, Presiding Argued and Submitted February 15, 2000--San Francisco, California Opinion by Judge William A. Fletcher; Partial Concurrence and Partial Dissent ...
Docket No. 98-7320
199 F.3d 99 (1999) | Cited 662 times
... Argued: Jan. 19, 1999 Plaintiff Leonard F. appeals from the judgment of the United States District Court for the Southern District of New York (Charles L. Brieant, Jr., Judge) dismissing his complaint against Defendant The Metropolitan Life Insurance Company under Fed. R. Civ. P. 12(b)(6) for ...
No. 93-1290WM
992 F.2d 181 (1993) | Cited 645 times
... Per Curiam. Business Men's Assurance Company of America (BMA) petitions for a writ of mandamus ordering the district court to retain jurisdiction of a vexatious refusal-to-pay claim brought against BMA by William A. Rodgers. We deny the petition. Rodgers obtained BMA health insurance through his ...
No. 97-3022No. 97-3041No. 97-3042
149 F.3d 1086 (1998) | Cited 638 times
... PUBLISH Plaintiff OMI Holdings, Inc. (OMI) is a wholly-owned subsidiary of Canadian brewer, John Labatt, Ltd. (Labatt). OMI is an Iowa corporation with its principal place of business in Minnesota. During the period from 1985 to 1992, OMI purportedly held two United States patents covering the ...
No. 81-2684
676 F.2d 965 (1982) | Cited 615 times
... Opinion OF THE COURT Fireman's Insurance Company of Newark, New Jersey (Fireman's) appeals from the grant of summary judgment in favor of Raymond DuFresne, requiring Fireman's to submit to arbitration DuFresne's claim for uninsured motorist coverage. Since the undisputed affidavits on file ...
Nos. 04-10031, 04-10671
400 F.3d 1272 (2005) | Cited 610 times
... [PUBLISH] In this appeal we must decide whether the appellants, individuals who rented U-Haul equipment for in-town moving, properly stated a claim for resale price maintenance against defendants, U-Haul International, Inc. ("U-Haul") and certain subsidiaries and officers of U-Haul, under Section ...
No. 94-56651
102 F.3d 398 (1996) | Cited 605 times
... O'SCANNLAIN, Circuit Judge: Order AND AMENDED OPINION We must decide the proper test to apply to establish subject matter jurisdiction over a removed diversity case in which the plaintiff's state court complaint fails to specify whether the amount in controversy exceeds $50,000. I In March ...
No. 94-2612
75 Ohio St.3d 280 (1996) | Cited 597 times
... >  DOUGLAS, J. The sole issue in this appeal involves the standards for granting summary judgment when the moving party asserts that the nonmoving party has no evidence to establish an essential element of the nonmoving party's case. In particular, the issue certified to this court by the Court ...
No. 89-1279
111 S. Ct. 1032 (1991) | Cited 596 times
... JUSTICE BLACKMUN delivered the opinion of the Court. This case is yet another that presents a challenge to a punitive damages award. I In 1981, Lemmie L. Ruffin, Jr., was an Alabama-licensed agent for petitioner Pacific Mutual Life Insurance Company. He also was a licensed agent for Union ...
No. 89-1048
111 S. Ct. 403 (1990) | Cited 593 times
... JUSTICE O'CONNOR delivered the opinion of the Court. This case calls upon the Court to decide whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. § 1001 et seq., pre-empts a Pennsylvania law precluding employee welfare benefit plans from ...
Docket No. 02-9347
352 F.3d 775 (2003) | Cited 587 times
... Argued October 7, 2003 Plaintiff-appellant Dallas Aerospace, Inc. ("Dallas"), a buyer of a used jet engine from defendant-appellee CIS Air Corporation ("CIS"), appeals from the judgment of the United States District Court for the Southern District of New York (Barbara S. Jones, District Judge), ...
No. 87-1145
834 F.2d 71 (1987) | Cited 583 times
... Opinion OF THE COURT The issue presented by this appeal is whether the district court's order denying defendant's motion to set aside a default judgment constituted an abuse of discretion. Because the procedure followed in the district court failed to accord with that established by this court, we ...
No. 91-55987
980 F.2d 1261 (1992) | Cited 582 times
... D.W. NELSON, Circuit Judge: OVERVIEW Appellant Susan Cripps ("Susan") and appellee Cynthia Cripps ("Cynthia") both lay claim to the life insurance proceeds from the death of John Cripps ("John"), to whom both were married at different times. Appellee Life Insurance Company of North America ...
No. 03-16253
372 F.3d 1115 (2004) | Cited 574 times
... FOR PUBLICATION Argued and Submitted April 15, 2004-San Francisco, California OPINION Leticia Valdez appeals from a summary judgment granted in favor of Allstate Insurance Company (Allstate) on her claim under Arizona tort law for breach of the duty of good faith and fair dealing. Because the ...
No. 84-3753
770 F.2d 26 (1985) | Cited 574 times
... Before: HIGGINBOTHAM and BECKER, Circuit Judges and LACEY, District Judge*fn* Opinion OF THE COURT A. LEON HIGGINBOTHAM, JR., Circuit Judge. This is an appeal from a final judgment of the United States District Court for the Western District of Pennsylvania ("the district court") dismissing the ...
No. 85-4649
784 F.2d 577 (1986) | Cited 574 times
... Before Henry A. Politz, Will Garwood, and E. Grady Jolly, Circuit Judges. HENRY A. POLITZ, Circuit Judge: Odie Joe Reid appeals the grant of summary judgment rejecting his claim for loss of consortium against State Farm Mutual Automobile Insurance Company, his uninsured motorist insurer, ...
No. 07-4115
552 F.3d 430 (2008) | Cited 562 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Argued: July 30, 2008 Before: GILMAN and ROGERS, Circuit Judges; ZOUHARY, District Judge. 1 OPINION Total Benefits Planning Agency and four of its insurance agents (collectively "Total Benefits") appeal a dismissal of ...
No. 05-2855
441 F.3d 536 (2006) | Cited 559 times
... ARGUED FEBRUARY 9, 2006 Before BAUER, EASTERBROOK, and WOOD, Circuit Judges. Meridian Security Insurance filed this action under the diversity jurisdiction. 28 U.S.C. §1332(a)(1). It asked the district court to issue a declaratory judgment that it need not defend or indemnify its insured, The ...
No. 91-1498
972 F.2d 53 (1992) | Cited 551 times
... Opinion OF THE COURT SCIRICA, Circuit Judge. In this diversity case, Harold and Ruth Katz allege that the Aetna Casualty and Surety Company intentionally concealed the existence of a liability policy issued by another insurance company, and that this concealment constituted a violation of the ...
No. 96-16329
135 F.3d 658 (1998) | Cited 551 times
... FOR PUBLICATION Opinion by Judge Stagg; Dissent by Judge Tashima SUMMARY This case concerns a contract dispute between the Wyler Summit Partnership ("Wyler Summit") and Turner Broadcast- ing System, Inc., and Turner Entertainment Co. (hereinafter collectively referred to as "Turner"). At issue ...
No. 97-5074
150 F.3d 609 (1998) | Cited 545 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 24 File Name: 98a0236p.06 Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. Karl S. Forester, District Judge. Argued: March 12, 1998 COLE, J., announced the judgment of the court ...
No. 90-7534
922 F.2d 118 (1990) | Cited 532 times
... MCLAUGHLIN, Circuit Judge Defendant-appellant Stack Oil, Inc. ("Stack") appeals from a summary judgment entered in the United States District Court for the District of Connecticut (Ellen Bree Burns, Chief Judge) in favor of plaintiff-appellee Western World Insurance Company ("Western World"). ...
No. D-4353.
907 S.W.2d 517 (1995) | Cited 532 times
... Argued Sept. 20, 1994. The Motion For Rehearing is overruled. Our opinion of March 2, 1995, is withdrawn and the following opinion is substituted. In this action for damages, injunctive relief, and a declaration of coverage, the issue is whether so-called "absolute pollution exclusions" in ...
No. 95-30455, No. 95-30786
84 F.3d 137 (1996) | Cited 531 times
... DeMOSS, Circuit Judge: This case involves two separate appeals from the same district court case. Both appeals arise out of an interpleader action brought by New York Life Insurance Company ("New York Life") against Alvin Brown and his ex-wife Leslie Brown seeking to determine who owned several ...
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