Legal Opinion
Montgomery Ward & Co., Inc. v. Pacific Indemnity Company
Court of Appeals for the Third Circuit
Decided June 7, 1977No. 76-2092PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
This appeal is from an award of attorney’s fees incurred as a result of bringing a declaratory judgment action in a diversity case.1 Although the district court recognized that state law will normally goyern the award of attorney’s fees in diversity cases, the court found that, irrespective of state law and as part of the historic equity jurisdiction of the federal courts, the court could award attorneys’ fees where bad faith or its equivalent is found to exist. Although our reasoning differs from that of the district court, we affirm its grant of…
2Cases cited35 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
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3Cited by63 opinions
- Hayseeds, Inc. v. State Farm Fire & Cas.West Virginia Supreme Court · 1986
- Garnes v. Fleming Landfill, Inc.West Virginia Supreme Court · 1991
- McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
- Pacific Indemnity Co. v. LinnCourt of Appeals for the Third Circuit · 1985
- The Trustees of the University of Pennsylvania v. Lexington Insurance Company v. Affiliated Risk Control Administrators of Pennsylvania, Inc. And Insurance Company of North America, Aetna Insurance Company, Cigna Companies and Johnson & Higgins of Pennsylvania, Inc. And Alexander & Alexander, Inc. And Duane Morris & Heckscher, a Pennsylvania Partnership and McCabe James J. Esquire Individually and Medical Professional Liability Catastrophe Loss FundCourt of Appeals for the Third Circuit · 1987
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