Trial Strategy
The Timing for a Notice to Remove a Coverage Action
Generally speaking, a defendant has 30 days to file a notice to remove a case from state court to federal court. In most coverage cases, the deadline begins to run when the defendant receives the complaint. In some instances, however, the defendant does not know until a later point that the amount in controversy is sufficient to allow it to remove. A recent case found that later point to be after the plaintiff’s admission that the amount in controversy exceeded $100,000. Read More

Trial Strategy
Calculating CAFA’s Amount in Controversy in an Insurance Class Action
The decision by the U.S. Supreme Court in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S. March 19, 2013), has changed the focus of insurance cases under the Class Action Fairness Act of 2005 from pre-trial stipulations to calculating the amount in controversy. A recent decision by a federal district court in Arkansas – finding that the amount in controversy was about $92,000 more than the $5 million threshold – illustrates the analysis. Read More

Trial Strategy
Can Naming an Insurance Adjuster as a Defendant Help to Defeat Diversity Jurisdiction?
When a policyholder sues an insurance company in a state court, it may have to face the carrier’s effort to remove the case to federal court. Can adding an insurance adjuster as a defendant help to defeat diversity, and the carrier’s efforts to litigate in federal court? A recent decision by the U.S. District Court for the Northern District of Texas suggests that the answer may be yes. Read More

Trial Strategy
The Risks of Pre-Trial Discovery Requests that Are Too Aggressive
When an insurance coverage case is in court, motion practice can become very aggressive. Sometimes, the costs of an overly broad and overly burdensome pre-trial discovery request can outweigh the benefits, as illustrated by a recent decision from the U.S. District Court for the Western District of New York. Read More