Lind v. Fidelity National Title Insurance Co., 072010 FED9, 09-35727

Docket Nº:09-35727
Party Name:NORMAN AND PHYLLIS LIND, Plaintiffs - Appellees, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant-Appellant.
Judge Panel:Before: PREGERSON, WARDLAW and RAWLINSON, Circuit Judges.
Case Date:July 20, 2010
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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NORMAN AND PHYLLIS LIND, Plaintiffs - Appellees,

v.

FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant-Appellant.

No. 09-35727

United States Court of Appeals, Ninth Circuit

July 20, 2010

NOT FOR PUBLICATION

Submitted July 16, 2010 Portland, Oregon.

Appeal from the United States District Court No. 6:08-cv-06133-AA for the District of Oregon Ann L. Aiken, Chief Judge, Presiding.

Before: PREGERSON, WARDLAW and RAWLINSON, Circuit Judges.

MEMORANDUM[*]

Fidelity National Title Insurance Company ("Fidelity") appeals the district court's denial of its request for sanctions, under Oregon Revised Statutes § 20.105, against Norman and Phyllis Lind.

The district court denied Fidelity's request for § 20.105 sanctions on the ground that the Linds had not acted in "bad faith." Prior to 1995, § 20.105 contained a "bad faith" requirement, but that requirement was removed by amendment in 1995. See 1995 Or. Laws Ch. 618, § 2.

Section 20.105 now requires a prevailing party to show that the losing party had "no objectively reasonable basis" for its claim. See 1995 Or. Laws Ch. 618, § 2. Fidelity cannot make that showing. When the Linds filed their complaint against Fidelity, they possessed three documents which provided factual support for their...

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