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Simantob and Butterfield Secure Dismissal for Insurance Company on Appeal to the Ninth Circuit

February 10, 2022

David Simantob (Partner-Los Angeles, CA) and Chad C. Butterfield (Partner-Las Vegas, NV) secured affirmation of a dismissal in the U.S. Court of Appeals for the Ninth Circuit on behalf of the firm’s insurance company client. The plaintiff initially brought suit in Nevada state court, claiming the firm’s client breached the duty to defend the plaintiff in a prior lawsuit, and acted in bad faith. David and Chad removed the case to the United States District Court for the District of Nevada, after which the plaintiff filed a motion to remand to state court premised on her inclusion of a non-diverse defendant in the complaint. David and Chad opposed the motion to remand, arguing the plaintiff had fraudulently joined the non-diverse defendant in an attempt to prevent removal and concurrently filed a motion to dismiss the complaint on the basis that the duty to defend was never triggered. The district court judge denied the motion to remand and granted the motion to dismiss, with prejudice. The plaintiff appealed the district court’s ruling to the Ninth Circuit, where David and Chad successfully refuted the plaintiff's arguments, resulting in the Ninth Circuit affirming the district court’s orders.   

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