Suluai v. National Western Life Insurance
Suluai v. National Western Life Insurance
Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTION FOR NEW TRIAL/RECONSIDERATION
On May 10, 2002, this Court filed its decision and order in this matter entering judgment in favor the defendant National Western Life Insurance Company (“NWL”) and against plaintiff Sefulutasi Suluai (“Suluai”). Suluai filed her motion for new trial and/or reconsideration on May 21, 2002.
The motion is not grounded on anything of substantive import going to the merits. Rather, the motion generally asserts reversible error (1) in allowing defense counsel the opportunity to talk to a witness, Afa Roberts (“Roberts”), in the midst of his being examined by Suluai’s counsel, in derogation of Suluai’s rights to a fair trial and to due process; and (2) that as a result, the appearance of partiality of the panel of judges
A. Pair Trial and Due Process
Suluai asserts that the Court’s action in allowing defense counsel to consult with Roberts, “in private,” somehow deprived her of her “rights to a fair trial and to due process.” (See Pl.’s Mot. for Recons, or New Trial and Mem. of Supp. Points and Authorities 1). Without articulating the argument, or providing any elaboration whatsoever, Suluai is simply content to direct us to “U.S. Const. Amends. V & VI; American Samoa const. Art. sec. 2; 75 AM. Jur. 2d Trial § 191 (1991),” and to “Executive Order 11222, signed by President Johnson, circa 1968.” (See Pl.’s Mot. for Recons, or New Trial and Mem. of Supp. Points and Authorities 2). In essence, the Court is left to guess as to what the argument might be. As we have said countless times in these matters:
What is essential to a motion for a new trial is that it. . . fully apprises the court of the asserted errors in the judgment... so that the trial court may consider for itself whether any such errors occurred and make appropriate corrections thereby obviating obvious appeals.
Am. Samoa Gov’t v. Falefatu, 17 A.S.R.2d 114, 119-20 (Trial Div. 1990). Thus, the Appellate Division has said:
All motions [for new trial] must “state with particularity the grounds therefor.” T.C.R.C.P. Rule 7. This is particularly important in the case of a motion for new trial, who'Se purpose is to avoid unnecessary appeals by alerting the trial court to possible errors or omissions in its opinion.
Kim v. Star-Kist, 8 A.S.R. 146, 150 (App. Div. 1988). Additionally,
[i]f no timely motion for reconsideration or new trial conforming to the “particularity” requirement of T.C.R.C.P. 7(b)(1) is filed within the statutory ten-day deadline, then the Appellate Division lacks jurisdiction to entertain an appeal.
Taulaga v. Patea, 17 A.S.R.2d 34, 35 (App. Div. 1990). Moreover, this Court recently had cause to sternly warn Suluai’s counsel, Mr. Miller, in another matter that “this Court, [is] . . . ‘not paid ... to do legal research that should be done by the attorneys, nor to guess at or construct the legal theory upon which a losing party might oppose our decision.’” Progressive Ins. Co., Ltd. v. Southern Star Int’l, 6 A.S.R.3d 112, 129 (Trial Div. 2002) (quoting G.M. Meredith and Assocs. v. Blue Pac.
The requirements of procedural due process are not fixed but vary with circumstances and the particular requirements of the case, minimally demanding notice and an opportunity to be heard. Ferstle v. Am. Samoa Gov’t, 7 A.S.R.2d 26, 49 (Trial Div. 1988) (citing Parratt v. Taylor, 451 U.S. 527 (1981); Mathews v. Eldridge, 424 U.S. 319 (1976)). As the motion is not clear on the asserted ground of “fair trial” and “due process,” and as we are not inclined to guess or construct a legal theory for movant, the motion will be denied on this ground.
B. Appearance, nf Partiality and Recusal
As Suluai’s second ground — the appearance of partiality claim — this is even more nebulous than the first and appears to be nothing more than a normative submission. The Court, in allowing defense counsel the opportunity to consult with his client, interrupting his examination by Suluai’s counsel, was not unmindful of its duty to maintain the appearance of impartiality.
The factual backdrop to the Court’s course of action is as follows: Suluai is a local resident, while NWL is an off-island corporate entity with headquarters in Texas selling certain classes of insurance in the Territory.
The Court thereupon, in its informed discretion, decided to take ameliorative action as best as the circumstances allowed, without needlessly having to delay trial by getting bogged down in a separate and collateral hearing, by taking a short recess in order to afford counsel Hall the opportunity to immediately ascertain from Roberts the nature and extent of any contact with Suluai’s counsel outside of Mr. Hall’s knowledge.
The Court was very much concerned about a fair trial — that the defense be not unfairly comprised by an inappropriate contact by opposing counsel. As it turned out, counsel Miller had indeed contacted Roberts a week before trial, but the Court opted to leave the collateral issue of professional misconduct for another day.
It goes without saying that “fairness” here is a two-way street, in
For reasons given, Suluai’s motion for new trial/reconsideration is, therefore, denied.
It is so ordered.
See H.C.R. 103, incorporating Canons of Judicial Ethics, Canon 3(C)(1); In re Matai Title Faumuina, 26 A.S.R.2d 1, 5-7 (App. Div. 1994).
There is no federal district court in the United States Territory of American Samoa. In every other jurisdiction under the American flag, the defendant would have access to a federal district corut under its diversity jurisdiction. 28 U.S.C. § 1332. The customary rationale given for diversity jurisdiction in the federal courts is the fear of parochial bias against a citizen from out of state. See, e.g., United States v. Deveaux, 5 Cranch 61, 87, 3 L.Ed. 38 (1809).
A.B.A. Model Rule of Professional Conduct (1983) 4.4, adopted by H.C.R. 104, reads:
[A] lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer . . . unless the lawyer has the consent of the other lawyer.
Counsel Miller attempted to diffuse his predicament by subsequently stating on the record that the contact with Roberts that he was referencing had in actuality taken place in December 1999, a month before he filed his client’s complaint. Roberts, on the other hand, testified that he could not recollect having such contact with Miller back in December 1999, as it was some time ago, but he definitely remembered his being contacted by counsel Miller “last week.”
Astonishingly, Miller also submitted that witness Roberts was not a client of counsel Hall’s. Counsel Miller would do well to revisit or appraise himself of A.B.A. Model Rule of Professional Conduct (1983), Rule 4.4, Comment (“In the case of an organization, the Rule prohibits communications by a lawyer for one party concerning the matter in representation with . . . any person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil.. . liability.”). Miller’s whole purpose in asking Roberts about their contact was to get Roberts to admit knowledge as to the policyholder’s pre-existing medical condition prior to issuance of the life insurance policy at issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.