No. 18-213

H. Richard Austin v. Hanover Insurance Company, aka Massachusetts Bay Insurance Company

Lower Court: Eighth Circuit
Docketed: 2018-08-17
Status: Denied
Type: Paid
Tags: appellate-procedure circuit-split civil-procedure collateral-estoppel court-interpretation daubert daubert-standard en-banc-review fraud-on-court fraud-on-the-court homeowners-insurance judicial-interpretation judicial-procedure motion-for-summary-judgment res-judicata sanctions summary-order
Latest Conference: 2018-10-26
Question Presented (from Petition)

1)111 the federal court system, is an initial, appellate "Summary Order" (without en banc review) the definitive source regarding the subject matter contested at that time? Or, can courts that follow, including those in other circuits, in the same dispute adopt a different version of what was determined initially, thus creating what amounts to a different dispute? (S.Ct.Rule lOa)

If certain findings of the initial "Summary Order" are ultimately recognized as correct in the final stage of the litigation, can the dispute still conclude with a decision contrary to those initial findings because of the large number of intervening, contrary decisions - their sheer weight prevailing?

If a Defendant responds falsely to a Complaint, misleading multiple courts, doesn't that party forfeit the right to respond further to the Complaint, in effect admitting as true the facts and evidence stated therein? (S.Ct.Rule 16.1; FRCP 56)

Question Presented (AI Summary)

Whether an initial appellate 'Summary Order' is the definitive source regarding the subject matter contested, or if courts in the same dispute can adopt a different version of what was determined initially, creating a different dispute

Docket Entries

2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-06-13
Petition for a writ of certiorari filed. (Response due September 17, 2018)

Attorneys

H. Richard Austin
H. Richard Austin — Petitioner