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

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2717 · judgment April 24, 2018


Certiorari denied · October 29, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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)

Counsel of record

For petitioner
H. Richard Austin

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 29 2018
    Petition DENIED.
  2. Oct 03 2018
    DISTRIBUTED for Conference of 10/26/2018.
  3. Jun 13 2018
    Petition for a writ of certiorari filed. (Response due September 17, 2018)