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November 12, 2013

Upcoming changes to the Federal Rules of Appellate Procedure

A change to Rule 28 of the Federal Rules of Appellate Procedure aims to make appellate briefs shorter and less redundant. Rule 28 currently requires a “statement of the case” and a separate “statement setting out the facts.” These requirements often seemed arbitrary and frequently resulted in briefs that needlessly restated facts—once in the “statement…

Insurers asserting fraud as a defense to liability under a homeowner’s insurance policy must prove fraud by a preponderance of the evidence, not “clear and convincing” evidence.

In Stein v Home-Owners Insurance Company(October 17, 2013), the Michigan Court of Appeals held that, when an insurance policy contains a clause voiding coverage in the event of fraud by the insured, the insurer need only meet the “preponderance of the evidence” standard rather than “clear and convincing evidence.” The plaintiff in Stein owned a…

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