Legal Opinion

United States Fidelity & Guaranty Co. v. Lee Investment LLC

Court of Appeals for the Ninth Circuit

Decided April 18, 2011No. 08-17753, 09-16962PublishedCited by 133 opinions

1Opinion of the Court

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether a federal district court had subject matter jurisdiction over an insurance company’s diversity action seeking rescission of a workers’ compensation policy and, if so, whether it was required to dismiss the case because exclusive jurisdiction was vested by state law in a state workers’ compensation agency. We conclude that the district court had subject matter jurisdiction and properly denied the motion to dismiss. We affirm.

I

This seemingly ab aetemo litigation originated in a simple event: an accident at “The Island,” a…

2Cases cited54 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by133 opinions

  1. Kwan v. SanMedica InternationalCourt of Appeals for the Ninth Circuit · 2017
  2. Mary Tatum v. Steven MoodyCourt of Appeals for the Ninth Circuit · 2014
  3. Wilson v. CommissionerCourt of Appeals for the Ninth Circuit · 2013
  4. Westport Ins. Corp. v. California Casualty Mgt.Court of Appeals for the Ninth Circuit · 2019
  5. Hernandez v. DMSI Staffing, LLC.District Court, N.D. California · 2015

128 more not listed; retrieve them via the Exa API.

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