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Category Archives: Civil Procedure

Labertew v. Langemeier

(United States Ninth Circuit) – In a garnishment proceeding arising out of an insurance settlement and assignment, the district court’s judgment discharging insurers is vacated and remanded for further proceedings where: 1) the garnishment proceeding was removable, and the district court had jurisdiction; 2) there…

Chan Healthcare Group, PS v. Liberty Mut. Fire Ins. Co.

(United States Ninth Circuit) – In a consolidated appeal presenting an issue of first impression in the circuit, namely the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction, the district court’s judgment…

Travellers Cas. Ins. Co. of Am. v. Hirsch

(United States Ninth Circuit) – In an insurer-plaintiff’s suit alleging defendant, who was Cumis counsel for plaintiff’s insured, for declaratory judgment, unjust enrichment, breach of Cal.Civ. Code section 2860(d), and concealment, the District Court’s denial of defendant’s anti-SLAPP motion to strike plaintiff’s second amended complaint…

Doe v. Roman Catholic Archbishop

(California Court of Appeal) – In a suit involving plaintiffs, who were allegedly molested by a Catholic Church monsignor, who allegedly lavished them with meals, clothes, travel and money, and implicating Insurance Code section 11583 which tolls the statute of limitations period once a person…

Medina-Padilla v. US Aviation Underwriters, Inc.

(United States First Circuit) – In a suit bringing tort-based claims arising out of the same set of underlying facts alleged in an earlier contract action, which was dismissed the on the basis that the insurance policy did not provide coverage for contract claims, the…

Fidelity and Guaranty Ins. Underwriters, Inc. v. US

(United States Federal Circuit) – In a suit under the Tucker Act, 28 U.S.C. section 1491(a)(1), seeking reimbursement from the government for legal expenses and settlement costs plaintiff allegedly incurred in its capacity as general liability insurer for a government subcontractor engaged in asbestos removal…

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