Homeowners Ask Panel To Reconsider Affirming Dismissal Of Defects Coverage Suit

Mealey's ( July 14, 2025, 8:46 AM EDT) -- SEATTLE — Homeowners filed a petition asking the Ninth Circuit U.S. Court of Appeals to reconsider its holding that a lower federal court did not abuse its discretion by dismissing their coverage dispute stemming from a defects lawsuit over the construction of homes, challenging the panel’s finding that four out of the five factors in Hernandez v. City of El Monte favor dismissal for failure to prosecute or comply with a court order....