§ 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...