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 |
NOT FOR PUBLICATION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.
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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