· 11/15/2013
Hartford Fire Insurance Company v. Harleysville Mutual Insurance Company
Citations
- 736 F.3d 255
- 2013 WL 6038422
- 2013 U.S. App. LEXIS 23095
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant did “not possess a sufficient stake . . . to rise above the status of a nominal party” even though its “future coverage limits” could be affected
- noting that “[t]he nominal party exception” prevents the situation where a plaintiff “assert[s] no interest adverse to [a] [particular] defendant”
- explaining that in deciding if a defendant is “nominal,” the “key inquiry is whether the suit can be resolved without affecting the non-consenting nominal defendant in any reasonably foreseeable way”
- noting that circuits have “devised various tests to define a nominal party”
- noting federal courts’ long recognition of the nominal party exception to the rule of unanimity
- finding a party is not nominal if it has an “apparent stake in the litigation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Duncan, Agee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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