Legal Opinion

Safety National Casualty Corp. v. United States Department of Homeland Security

District Court, S.D. Texas

Decided March 24, 2008No. Civil Action H-05-cv-2159PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court are the parties’ Cross Motions for Summary Judgment. After considering the relevant law and the arguments presented in briefing and at a hearing on the pending motions, the Court finds that Plaintiffs’ Motion for Partial Summary Judgment, Docket No. 88, should be GRANTED IN PART because Defendants’ determination that certain bonds were breached was arbitrary and capricious. These bond breach determinations are therefore REMANDED to the Agency to take action not inconsistent with this Order. Plaintiffs’ Motion is…

2Cases cited65 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Zadvydas v. DavisSupreme Court of the United States · 2001
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994

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3Cited by4 opinions

  1. United States v. Gonzales & Gonzales Bonds & Insurance Agency, Inc.District Court, N.D. California · 2010
  2. United States v. Gonzales & Gonzales Bonds & Insurance Agency, Inc.District Court, N.D. California · 2015
  3. Statewide Bonding, Inc v. U.S. Department of Homeland SecurityDistrict Court, District of Columbia · 2019
  4. United States v. Safety National Casualty CorporationDistrict Court, S.D. Texas · 2011

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