Legal Opinion
Burton v. State Farm Mutual Automobile Insurance
Court of Appeals for the Ninth Circuit
Decided June 22, 2004No. 03-35064; D.C. No. CV-00-00094-DWMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM *
Michael Burton appeals the district court’s August 28, 2002 order, which granted State Farm’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Burton’s assigned first-party claims for bad *156faith,1 breach of fiduciary duty, negligence, and deceit, all of which claims were found to be preempted by Montana’s Unfair Trade Practices and Consumer Protection Act (“UTPA”). The district court also granted State Farm’s 12(b)(6) motion to dismiss Burton’s third party claims for common law bad faith and infliction of emotional distress, and his first-party claim under the UTPA…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Robin Orr v. Bank of America, Nt & SaCourt of Appeals for the Ninth Circuit · 2002
- United States v. City of Tacoma, WashingtonCourt of Appeals for the Ninth Circuit · 2003
- Meech v. Hillhaven West, Inc.Montana Supreme Court · 1989
- Watters v. Guaranty National InsuranceMontana Supreme Court · 2000
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3Cited by3 opinions
- Byorth v. USAA Casualty Insurance CompanyDistrict Court, D. Montana · 2019
- Hayashi v. FileDistrict Court, D. Montana · 2021
- Nancy Louise Horne v. State Farm Mutual Automobile Insurance CompanyDistrict Court, C.D. California · 2026