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Action to Enjoin Enforcement of Insurance Regulator Document Request

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By FindLaw Staff on May 06, 2010 2:03 PM

Coventry First, LLC v. McCarty, No. 09-11682, concerned an action to enjoin the enforcement of a records request to plaintiff by the Florida Office of Insurance Regulation.  The court of appeals affirmed the dismissal of the complaint, on the grounds that 1) plaintiff had no plausible right to relief under either the Florida Viatical Settlement Act or the dormant Commerce Clause; 2) under Rule 15(a) of the Federal Rules of Civil Procedure, the district court had the discretion to deny plaintiff's motion to amend as futile, given that Coventry could have filed an amended complaint as a matter of course.

As the court wrote:  "This appeal arises from the District Court's order dismissing Coventry's complaint and denying its motion to amend that complaint. Although Coventry could have filed an amended complaint as a matter of course, it filed a motion to amend and thereby invited the District Court to rule on that motion. For this reason, we conclude that Coventry cannot complain that the District Court accepted its invitation to so rule. We affirm the order of the District Court."

Related Resources

Full Text of Coventry First, LLC v. McCarty, No. 09-11682

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