Lee Investments LLC v. U.S. Fidelity & Guaranty Co.

Issue: (1) Whether a denial of summary judgment involving purely legal issues is reviewable on an appeal from a judgment entered after trial on the merits; (2) whether a state workers’ compensation tribunal’s exclusive jurisdiction under state law bars original diversity jurisdiction of a workers’ compensation insurer’s federal court action to rescind the insurance policy filed after the injured employee has filed an action before the state’s tribunal; and (3) whether the prohibition in 28 U.S.C. § 1445(c) against removal of state court civil actions arising under the state’s workers’ compensation laws bars original diversity jurisdiction of a workers’ compensation insurer’s federal court action to rescind the insurance policy filed after the injured employee has filed a state workers’ compensation action.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Cir.)
• Petition for certiorari
• Brief in opposition (forthcoming)
• Amicus brief of Worker's Injury Law & Advocacy Group (forthcoming)
• Petitioner's reply