H. Richard Austin v. Hanover Insurance Company, aka Massachusetts Bay Insurance Company
JusticiabilityDoctri
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
QUESTIONS PRESENTED 1) In 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 10a) 2) 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? 3) 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)