No. 23-6860

Keyron Lamonte Binns v. American General Life and Accident Insurance Company, AIG, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion amendment contract-interpretation contract-law diversity-jurisdiction extrinsic-evidence judicial-discretion jurisdictional-standing stare-decisis
Latest Conference: 2024-04-26
Question Presented (from Petition)

1.) DID U.S. EASTERN DISTRICT COURT ERRED BY UTILIZING EXTRINSIC EVIDENCE TO DENY THE PLAINTIFF'S COMPLAINT WITH PREJUDICE. ALTHOUGH THAT COURT FAILED TO POINT OUT ANY AMBIGUITY INSIDE OF THE INSURANCE CONTRACT? (AFTER AMOUNT-IN-CONTROVERSY HAD BEEN SATISFIED)

2.) IF THE U.S. EASTERN DISTRICT COURT WERE CORRECT IN THE REVERSING OF ITS RULING "AMOUNT IN CONTROVERSY HAVE BEEN SATISFIED" (DIVERSITY JURISDICTION), DID THE U.S. EASTERN DISTRICT COURT ABUSED ITS DISCRETION IN NOT ALLOWING THE PLAINTIFF'S TO AMEND THE COMPLAINT. UPON THE JURISDICTIONAL QUESTION BEING REVERSED?

3.) DID THE U.S. EASTERN DISTRICT COURT JUDGE TROY L. NUNLEY ABUSED HIS DISCRETION. BY THE FAILURE TO ADDRESS WHEHTER THE U.S. MAGISTRATE KENDALL J. NEWMAN ERRED IN THE USE OF EXTRINSIC EVIDENCE IN HIS REVERSAL OF THE PLAINTIFFS JURISDICTIONAL STANDING? (UNAMBIGUOUS CONTRACTU

4.) DID THE U.S. EASTERN DISTRICT COURT FAILED TO FOLLOW THE ORDINARY PRINCIPALES OF CONTRACT LAW. AND STARE DECISIS HOLDING IN M & G POLYMERS USA. LLC v. TACKETT?

5.) DID PLAINTIFF'S "MERITS" OF THE 3% INTEREST ACCURED FOR NOW 69 YEARS. AND TWO NONFORFEITURE BENEFIT'S (FOR A POLICY'S WITHOUT INDEBTEDNESS) VALUE'S WERE OVERLAPPING WITH THE COURT'S ASSESMENT OF DIVERSITY JURISDICTION? (CREATING INTERTWINE JURISDICTION?)

Question Presented (AI Summary)

Did the U.S. Eastern District Court err in using extrinsic evidence to deny the plaintiff's complaint with prejudice despite no ambiguity in the insurance contract?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-04-02
Waiver of right of respondents Amer. General Life and Accident Insurance Co., et al. to respond filed.
2024-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2024)

Attorneys

Amer. General Life and Accident Insurance Co., et al.
Jodi Krystyn SwickMcDowell Hetherington, Respondent
Keyron L. Binns
Keyron L. Binns — Petitioner