§ 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). SeegenerallyAlyeska 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...