Stewart Enters., Inc. v. RSUI Indemn. Co., No. 09-30722, concerned an action by an owner of cemeteries, funeral homes and other commercial properties throughout New Orleans against its excess insurer to recover for wind and flood damage sustained during a storm.  The court reversed partial summary judgment for defendant, on the grounds that 1) under Louisiana law, ambiguities in the policy are to be interpreted in favor of the insured and thus the policy provided flood coverage; and 2) the policies’ anti-concurrent causation clause did not operate within the $25 million dollar limit.

In US v. Chavira, No. 08-51308, the court vacated defendant’s conviction for knowingly and willfully making a false statement to a Customs and Border Protection officer, on the grounds that 1) there was evidence that defendant was in actuality not free to leave the interrogation that occurred; and 2) defendant’s freedom of movement was severely restrained to the degree a reasonable person would associate with arrest when she made the statement at issue.

Related Resources

  • Full Text of Stewart Enters., Inc. v. RSUI Indemn. Co., No. 09-30722
  • Full Text of Stone v. Thaler, No. 09-40028
  • Full Text of US v. Chavira, No. 08-51308

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