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MEDINA-PADILLA v. U.S. AVIATION UNDERWRITERS, INC.

No. 15-1467.

815 F.3d 83 (2016)

Heriberto MEDINA-PADILLA; L & M Corp., d/b/a Emmanuel Travel and Tours, Plaintiffs, Appellants, v. UNITED STATES AVIATION UNDERWRITERS, INC.; United States Aircraft Insurance Group, Defendants, Appellees, Piedmont Aviation Services, Inc., Defendant.

United States Court of Appeals, First Circuit.

March 4, 2016.

Attorney(s) appearing for the Case

Diana Lynn Pagán-Rosado on brief for appellants.

Tomás A. Román-Santos and Román Santos, LLC on brief for appellees.

Before LYNCH, SELYA, and LIPEZ, Circuit Judges.

This is the second time the plaintiffs have brought the same claims before the federal courts. This time, they characterize the claims as sounding in tort rather than sounding in contract, as they had claimed earlier. This they cannot do.

In 2005, Lopez & Medina Corp. ("L & M") brought suit against a number...

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