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← 798 F.3d 1149 - First Intercontinental Bank v. Ahn

First Intercontinental Bank v. Ahn’s Empirical Analysis

798 F.3d 1149 · 2015

Citation profile

3
cited by 3 later decisions
August 2024
most recently cited

Relationships

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)

Relies on State of New Hampshire v. State of Maine · Guaranty Trust Co. v. York · Pegram v. Herdrich · Guaranty Trust Co. v. York · 3 Cal. 4th 459 - Nedlloyd Lines B v. v. Superior Court

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[t]he Court does not make such a finding for purposes of the parties' respective claims for declaratory relief, because, as explained above, there is no basis in the law for such a conclusion " since it would upset Underwriters' reasonable settlement decision under the Primary Policy) (emphasis added). Scottsdale has not articulated why the Court's conclusion in this regard was legally incorrect, which in any event would not be an appropriate basis for a motion for reconsideration and instead is more appropriately raised on appeal. Therefore, Scottsdale is not entitled to any relief in connection with its motion for reconsideration. 3. Summary In conclusion, Scottsdale has not identified a legitimate basis for the Court to revisit the determinations reached in the SJ Order. Therefore, the Court DENIES Scottsdale's motion for reconsideration in its entirety. II. Dickstein's Motion for Attorneys' Fees Turning to Dickstein's motion for attorneys' fees against Scottsdale, the primary point of disagreement between Dickstein and Scottsdale is whether California law or New York law should apply to Dickstein's fee request. A. Choice of Law In a federal action brought under diversity jurisdiction, the district court "appl[ies] the substantive law of the forum in which the court is located, including the forum's choice of law rules.”
    1 later decision quote this exact passage · from the majority
  2. “when the state's highest court has not squarely addressed an issue, we must predict how the highest state court would decide the issue”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.