§ 2.4 APPLICATION OF A.R.S. § 12-341.01(A) IN FEDERAL COURT
Jurisdiction | Arizona |
In cases when federal jurisdiction is based on diversity of citizenship?whether originally filed in federal court or removed?a federal court, absent countervailing federal considerations, should apply a state statute permitting the recovery of attorneys' fee under Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938). See generally Alyeska Pipeline Serv. Co. v. Wilderness Soc'y, 421 U.S. 240 (1975); Apollo Group, Inc. v. Avnet, Inc., 58 F.3d 477 (9th Cir. 1995) (in diversity action, court has discretion to award fees under A.R.S. § 12-341.01(A)); Matison v. Transamerica Title Ins. Co., 845 F.2d 867 (9th Cir. 1988) (attorneys' fees awarded under A.R.S. § 12-341.01(A) in action removed to federal court); Medical Protective Svcs. Co. v. Pang, 25 F. Supp. 3d 1232 (D. Ariz. 2014) (insured entitled to award of attorneys' fees under A.R.S. § 12-341.01(A) in action by insurer to rescind malpractice insurance coverage); Marvin Johnson, P.C. v. Shoen, 888 F. Supp. 1009 (D. Ariz. 1995) (diversity action in which fees awarded under statute); Dial Mfg. Int'l, Inc. v. McGraw-Edison Co. Int'l, 657 F. Supp. 248 (D. Ariz.) (defendant as successful party on breach of contract claim entitled to award of fees under A.R.S. § 12-341.01(A)), aff'd, 833 F.2d 1015 (9th Cir. 1987). Fed. R. Civ. P. 54(d)(2)(B) "provides a federal procedural...
To continue reading
Request your trial- Books and Journals
- § 2.1 THIS CHAPTER'S SCOPE
- § 2.5.1 EXISTENCE OF A LAWSUIT
- § 2.8.1 TRIAL COURT'S DECISION TO AWARD OR DENY FEES
- § 2.7.0 "SUCCESSFUL PARTY"
- § 2.6.0 ARISING OUT OF CONTRACT
- § 2.5.2 ADVERSITY OF PARTIES
- § 2.6.1 EXPRESS AND IMPLIED CONTRACTS
- § 2.2 INTRODUCTION
- § 2.7.1 SUCCESS IN THE CONTEXT OF MULTIPLE CLAIMS AND MULTIPLE PARTIES
- § 2.8.2 "REASONABLE ATTORNEYS' FEES" TO "MITIGATE BURDEN OR EXPENSE OF LITIGATION"
- § 2.6.2 ACTIONS INVOLVING NON-CONTRACT CLAIMS
- § 2.3 CONFLICT OF LAWS
- § 2.7.2 THE EFFECT OF SETTLEMENT OFFERS
- § 2.4 APPLICATION OF A.R.S. § 12-341.01(A) IN FEDERAL COURT
- § 2.9 RECOVERY OF FEES BY GOVERNMENTAL ENTITIES
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.