Also known as: certus plegii · certain pledge · surety
Written by attorneys · grounded in primary & secondary sources — see below
A historical form of pledge or security that is certain and satisfactory to the obligee. It functions as a reliable assurance that an underlying obligation will be performed or that loss will be compensated.
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Crestview Holdings faces litigation and prepares internal memos assessing its exposure under a performance bond. When opposing counsel seeks those memos in discovery, the court denies the request. The memos qualify as materials prepared in anticipation of litigation by a surety's representative.
After losing a contract dispute, Copperfield Mining posts a supersedeas bond through its insurer. The appellate court accepts the bond without requiring additional collateral because the corporate surety's financial strength supplies the required assurance of payment if the appeal fails.
Hartford Fire Insurance Co. acts as surety on a bond securing potential damages in a multistate insurance antitrust case. The bond satisfies the court's demand for adequate security, allowing the defendants to proceed without immediate payment of the contested amounts.
A school district requires a surety bond before allowing students released time for religious instruction. The bond guarantees that the program will not disrupt school operations and that any resulting claims will be covered.
An Arizona resident purchases life insurance from a Texas company that requires a California surety to back the policy. When the insurer defaults, the California surety is subject to suit in Arizona because it purposefully availed itself of the forum by issuing the bond.
In a massive asbestos class action, the settling defendants post a surety bond to guarantee payment of future claims. The court approves the settlement only after confirming that the bond provides adequate security for the class members' recoveries.
It is Latin for a sure or certain pledge. Historical sources equate it with salvus plegius, a satisfactory pledge that provides reliable security for an obligation.
A certus plegius must be satisfactory to the obligee, meaning it supplies adequate assurance that the underlying duty will be performed or that compensation will be available. An ordinary pledge may lack this element of certainty or sufficiency.
…history of the Fourteenth Amendment in its reliance on the "compelling state interest" test. See Weber v. Aetna Casualty & Surety Co. , 406 U. S. 164, 179 (1972) (dissenting opinion). But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection…