Legal Opinion

Fowler v. Mutual of Omaha Insurance Company

District Court, D. Nebraska

Decided May 29, 2025No. 8:25-cv-00114Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DEBBIE FOWLER, Plaintiff, 8:25CV114 vs. MEMORANDUM AND ORDER MUTUAL OF OMAHA INSURANCE COMPANY, Defendant. Before the Court is Mutual of Omaha Insurance Company’s Motion to Dismiss or Strike. Filing No. 4. Mutual of Omaha moves to dismiss or strike Debbie Fowler’s request for attorney fees in this breach of an insurance contract case. A motion to strike under Fed. R. Civ. P. 12(f) is discretionary. Here, the availability of attorney fees depends on which jurisdiction’s law applies. And, in this early procedural posture—without…

2Cases cited10 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Whittlestone, Inc. v. Handi-Craft Co.Court of Appeals for the Ninth Circuit · 2010
  3. Bjc Health System v. Columbia Casualty Company, Atg Assurance Company Limited v. Columbia Casualty Company, Doing Business as Cna HealthproCourt of Appeals for the Eighth Circuit · 2007
  4. Edward Bontkowski v. Brian SmithCourt of Appeals for the Seventh Circuit · 2002
  5. Estate of Raleigh v. MitchellDistrict of Columbia Court of Appeals · 2008

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