Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: October 27, 2000

Appeal from an order dismissing appellant’s complaint and granting appellees’ counterclaim, by the United States District Court for the Southern District of New York (Harold Baer, Jr., Judge). The parties consented to the district court deciding the case on a statement of agreed facts. The parties never agreed upon such a statement, but, after conflicting statements were submitted, the district court resolved disputed factual issues and entered its judgment. We vacate the judgment and remand for further proceedings.

Midpoint Service Provider, Inc. appeals from Judge Baer’s order dismissing its complaint and granting judgment on Connecticut General Life Insurance Company (“CG”) *fn1 and The Developmental Disabilities Institute Health Plan’s (“DDI”) counterclaim. See Midpoint Service Provider, Inc v. CIGNA, No. 98 CIV 5987, 2000 WL 272306 (S.D.N.Y. Mar. 10, 2000). The parties consented to the district court’s deciding the case on the basis of a statement of agreed facts. However, the parties could not reach an agreement upon such a statement. Both sides made conflicting submissions to the district court without any guiding procedural structure, such as would have been provided by a motion under Fed. R. Civ. P. 56. The district court then resolved disputed factual issues, dismissed the complaint, and entered a money judgment on the counterclaim. Because there was no explicit consent by appellant to the procedure followed and because appellate review regarding the merits and even subject matter jurisdiction is impossible on the present record, we vacate and remand for further proceedings.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.

Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Personal Injury Attorney

Monge & Associates is recognized as a Top Places to Work and One of the Most Influential Law Firms in America. We offer flexible remote ...

Apply Now ›


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...

Apply Now ›

Transactional Intellectual Property / Corporate Lawyer - CT or Remote

We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...

Apply Now ›



DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.

View Announcement ›



Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.

View Announcement ›



Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.

View Announcement ›