Legal Opinion

Gardner v. UICI

Court of Appeals for the Ninth Circuit

Decided November 19, 2007No. 06-55045PublishedCited by 50 opinions

1Opinion of the Court

RAWLINSON, Circuit Judge:

The district court awarded fees and costs to Appellee Charles H. Gardner (Gardner) upon remanding this case to the state court from which it was removed. Because we conclude that the Mega Life And Health Insurance Company (MEGA) had an objectively reasonable basis for removal, we reverse the district court’s award of fees and costs.

I. FACTS AND PROCEDURAL HISTORY

In 1994, Gardner purchased health insurance from PFL Life Insurance Company. More than ten years later, in 2005, Gardner canceled his insurance policy and filed an action in the Superior Court of the State of…

2Cases cited8 opinions

  1. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  2. Jagdishbhai and Hansaben Patel v. Del Taco, Inc.Court of Appeals for the Ninth Circuit · 2006
  3. Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1998
  4. Emma C. Lively v. Wild Oats Markets, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2006
  5. Younan v. Equifax Inc.California Court of Appeal · 1980

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3Cited by50 opinions

  1. Carvalho v. Equifax Information Services, LLCCourt of Appeals for the Ninth Circuit · 2010
  2. Lussier v. Dollar Tree Stores, Inc.Court of Appeals for the Ninth Circuit · 2008
  3. Kent State University Board of Trustees v. Lexington Insurance CompanyCourt of Appeals for the Sixth Circuit · 2013
  4. Rangel v. Bridgestone Retail Operations, LLCDistrict Court, C.D. California · 2016
  5. Wisconsin v. Amgen, Inc.Court of Appeals for the Seventh Circuit · 2008

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