Ninth Circuit: Allied Premier Insurance v. United Financial Casualty

 

Question certified to California Supreme Court:  Under the statute, does a commercial vehicle insurance policy continue until notice of cancellation is delivered to the state, regardless of the expiration date of the policy?

Allied Premier Insurance v. United Financial Casualty

Sixth Circuit: Ky. Emps. Ret. Sys. v. Seven Ctys. Servs., Inc.

Community mental health center is not a government instrumentality, since it was not started by the government, its leadership isn't selected by the government, and the government doesn't have the power unilaterally to terminate it.

Question certified on the basis of the relationship withe the state employees retirement system.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0186p-06.pdf

Seventh Circuit: USA v. Dennis Franklin

An only-apparently arcane and metaphysical question certified to Wisconsin's highest state court asking whether a certain offense is divisible, i.e., whether the jury must unanimously agree on the section of the law that was violated.  Bonus: thorough and courteous explanation of ACCA.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-17/C:16-1872:J:PerCuriam:aut:T:opGr:N:2188135:S:0

Eighth Circuit: Thomas J. Litterer v. Rushmore Loan Management

Given answer to question certified, namely: equitable modification under the state's rules of procedure is unavailable where the term is defined by statute and the modification would alter substantive rights, filing of a lis pendens outside the statutory period is insufficient to overwhelm the conclusive presumption of compliance.

http://media.ca8.uscourts.gov/opndir/18/07/163060P.pdf

Ninth Circuit: White v. Square, Inc.

Visiting a website with the intent to use its services and then declining to advance past a user agreement that incorporated an allegedly discriminatory bar on the use of its services constitutes a sufficiently concrete and particularized Article III injury.

Questions certified to California: whether a patron must use a business services to qualify for the statutory antidiscrimination provisions at issue, or if merely presenting themselves is sufficient.  Also -- what the internet correlative to this standard might be.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/07/16-17137.pdf

Ninth Circuit: EQUITY INCOME PARTNERS, LP V. CHICAGO TITLE INSURANCE COMP.

Insurance, Contracts


Certified questions to Arizona on insurance policy contract. 

Facts:

Lender lent purchaser money to buy land.  Land was later determined to be without access.  Lender's insurer assessed the impact of the loss of access, and paid the lender that amount.  Lender's subsequent assessment said that the insurer had undervalued the impact.  Lender then purchased the properties with a full-credit bid at sale of estate, and the insurer now maintains that lender's payment to itself absolved the insurer of further liability vis a vis the earlier transaction.

Questions about the relevant boilerplate language certified to state high court.


EQUITY INCOME PARTNERS, LP V. CHICAGO TITLE INSURANCE COMP.

Second Circuit: Alphonse Hotel Corporation v. Tran

FRCP, Corporations, Contracts, Choice of Law, Certified Question


No abuse of discretion in denial of discovery that was seeking to determine valuation of the property at issue where the lease was peppercorn.

Under state law, lease to family member is not accorded deference as business judgment where the corporation has been run for the benefit of the family.

Sweat equity consideration was prior to the lease,and therefore could not be consideration for the deal.

 Under second state's law, which binds by consent of parties due to primary state law's choice of law rules, a contract void for lack of consideration may nonetheless under the parol evidence rule preclude the court from recognizing an earlier agreement between the parties.

Question is one of first impression in the second state, but not important enough to certify, given the certification rules of the second state.



Alphonse Hotel Corporation v. Tran