403 F. App'x 530
2d Cir.2010Background
- Quanta issued a professional liability policy to ICC.
- ICC faces arbitration proceedings in which ICC is a defendant; Quanta seeks a declaration it is not obligated to defend/indemnify ICC.
- The District Court granted Quanta's summary-judgment motion on the defense/indemnity issue (Dec. 17, 2009).
- ICC appeals challenging (i) the District Court's summary-judgment ruling and (ii) the denial of leave to amend to add a New York Business Corporation Law § 1312(a) defense.
- The Second Circuit reviews summary-judgment de novo and decides whether it has jurisdiction to review the denial of leave to amend; it affirms summary judgment and dismisses the leave-to-amend challenge for lack of jurisdiction (and, if addressed, finds amendment futile).
- The operative holdings thus affirm Quanta's defense/indemnity posture and dismiss ICC's jurisdictional challenge to the denial of leave to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly granted summary judgment for Quanta. | ICC contends upholding duty to defend/indemnify quanta. | Quanta argues no duty to defend/indemnify ICC. | Affirmed: district court properly granted summary judgment for Quanta. |
| Whether ICC's appeal challenges the denial of leave to amend and, if so, whether that challenge is reviewable and meritorious. | ICC appeals the denial of leave to amend; seeks reversal. | Quanta argues the appeal lacks jurisdiction and, even if reviewed, amendment would be futile. | Lack of jurisdiction to review the denial of leave to amend; alternative futility rationale supports denial. |
Key Cases Cited
- New Phone Co. v. City of New York, 498 F.3d 127 (2d Cir. 2007) (jurisdictional scope of notices of appeal; liberal construction does not validate missing orders)
- Shrader v. CSX Transp., 70 F.3d 255 (2d Cir. 1995) (liberal construction of notices of appeal; failure to mention orders precludes review)
- Monahan v. N.Y.C. Dep’t of Corr., 214 F.3d 275 (2d Cir. 2000) (motion to amend; futility may justify denial)
- Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292 (2d Cir. 2003) (summary-judgment standard; de novo review on appeal)
- Phelps v. Kapnolas, 123 F.3d 91 (2d Cir. 1997) (liberal construction of pro se appellate filings)