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Rossetti et al v. Fidelity National Indemnity Insurance Company

REPLY BRIEF to Opposition to Motion

29 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,533 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,238 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  3. Office of Personnel Management v. Richmond

    496 U.S. 414 (1990)   Cited 794 times   1 Legal Analyses
    Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"

  4. Budget Blinds v. White

    536 F.3d 244 (3d Cir. 2008)   Cited 560 times
    Holding that a district court may treat a forum resident's claim of trademark infringement as an intentional tort, for the purpose of determining whether jurisdiction is proper over a non-forum defendant

  5. Cox v. Horn

    757 F.3d 113 (3d Cir. 2014)   Cited 427 times
    Holding that Rule 60(b) requires consideration of defendant-specific equitable principles even post-Gonzalez

  6. Gowland v. Aetna

    143 F.3d 951 (5th Cir. 1998)   Cited 296 times
    Holding that notice of loss is "separate and distinct" from the formal proof of loss required by the policy

  7. Moolenaar v. Government of Virgin Islands

    822 F.2d 1342 (3d Cir. 1987)   Cited 402 times
    Holding that a motion brought under Rule 60(b) two years after the district court's judgment was untimely where "the reason for the attack upon that judgment was available for attack upon the original judgment"

  8. Messa v. Omaha Property Casualty Insurance Co.

    122 F. Supp. 2d 523 (D.N.J. 2000)   Cited 210 times
    Granting summary judgment on plaintiffs' estoppel claim premised on representations of NFIP agents regarding filing of proof of loss and supplemental claims because "plaintiffs cannot satisfy the reasonable reliance element of an estoppel claim `as they must be presumed to know the law requiring the return of a proof of loss statement.'"

  9. Boughner v. Secretary of Health, Education & Welfare

    572 F.2d 976 (3d Cir. 1978)   Cited 363 times
    Holding that attorney's failure to oppose motion for summary judgment constituted an extraordinary circumstance warranting relief under Rule 60(b) where attorney failed to file responsive pleadings in fifty-two other cases

  10. Flick v. Liberty Mut. Fire Ins. Co.

    205 F.3d 386 (9th Cir. 2000)   Cited 144 times
    Holding that substantial compliance with the SFIP terms is insufficient; a claimant "must comply strictly with the terms and conditions that Congress has established for payment"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,599 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,669 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  14. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,370 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business

  15. Section 4001 - Congressional findings and declaration of purpose

    42 U.S.C. § 4001   Cited 727 times   2 Legal Analyses
    Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

  16. Section 4072 - Adjustment and payment of claims; judicial review; limitations; jurisdiction

    42 U.S.C. § 4072   Cited 377 times   3 Legal Analyses
    Conferring jurisdiction and waiving sovereign immunity for an action against the FEMA Administrator for disallowed claims

  17. Section 4071 - Federal operation of program; determination by Administrator; fiscal agents; report to Congress

    42 U.S.C. § 4071   Cited 252 times
    Authorizing FEMA director to utilize insurance companies as fiscal agents of the United States

  18. Section 4017 - National Flood Insurance Fund

    42 U.S.C. § 4017   Cited 97 times
    Establishing the National Flood Insurance Fund