United States Fidelity & Guaranty Co. v. Michigan Catastrophic Claims Ass'n

I would not resolve the recusal motion of defendant Michigan Catastrophic Claims Association (MCCA) at this time. Rather, I would order supplemental briefing of the application of Caperton v A T Massey Coal Co, Inc, 556 US _; 129 S Ct 2252; 173 L Ed 2d 1208 (2009) (Caperton), to these cases. Caperton addressed the disqualification of a judge when a party alleges that the judge’s interest in a case requires recusal under the Due Process Clause of the federal *50constitution. To weigh whether recusal is required, Caperton requires an assessment of whether a serious, objective risk of actual bias…