Child v. Unum Life Insurance Company of America
The Eighth Circuit affirmed a district court's dismissal of a long-term care insurance dispute. The court held that the policy did not cover losses that existed before the coverage effective date.
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The Eighth Circuit affirmed a district court's dismissal of a long-term care insurance dispute. The court held that the policy did not cover losses that existed before the coverage effective date.
The Ninth Circuit affirmed the dismissal of a prisoner's access-to-courts claim but reversed the dismissal of his First Amendment legal mail claim. The court held that while the plaintiff failed to show actual injury to a legal claim, his allegations of altered mail and interference with counsel were sufficient to state a free speech violation.
The Ninth Circuit affirmed a district court judgment dismissing a plaintiff's diversity action against an insurance company. The appellate panel held that the district court properly exercised subject matter jurisdiction and granted judgment on the pleadings based on the insurance policy terms.
The Tenth Circuit affirmed a district court order hospitalizing a defendant for a dangerousness evaluation after finding him incompetent and unrestorable for trial. The court reversed the portion of the order that directed a formal psychiatric examination and report, ruling that step was premature and beyond the district court's authority.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal after appointed counsel filed a brief asserting no nonfrivolous issues existed. The court granted the motion to withdraw and denied the defendant's request to proceed pro se.
The Eighth Circuit affirmed a district court ruling denying accidental death benefits under an ERISA plan. The court held that the insurer reasonably concluded the claimant's death was not solely the result of an accident because a blood thinner contributed to the fatal injury.
The Ninth Circuit affirmed the dismissal of a prisoner's access-to-courts claim but reversed the dismissal of his First Amendment legal mail claim. The court held that the plaintiff's allegations of altered and opened legal mail were sufficient to state a constitutional violation without proving actual injury beyond the free speech violation itself.
The Ninth Circuit affirmed a district court judgment dismissing a pro se plaintiff's state law claims against an insurance company arising from an automobile accident.
The Eleventh Circuit affirmed a district court ruling granting qualified immunity to two police officers who handcuffed a nine-year-old student during a violent behavioral episode at an elementary school. The court held that the officers used only de minimis force in response to the child's active resistance and threats to safety.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal after appointed counsel filed a motion to withdraw under Anders v. California. The court agreed that the appeal presented no nonfrivolous issues for review.