APL Co. Pte. Ltd. v. UK Aerosols Ltd.

MEMORANDUM

U.G. Co. Inc., appearing through Inter-venor Valley Forge Insurance Company, and Kamdar Global LLC (collectively, Valley Forge) appeal from the district court’s order awarding attorney fees to APL Co. Pte. Ltd. (APL). For the following reasons, we vacate the award and remand with instructions.

APL argues that we lack jurisdiction over this appeal because Valley Forge Insurance Company does not have standing, under federal law, and because its denial of coverage defeats standing. In this circuit, parties need not have standing to intervene. State of Cal. Dep’t of Soc. Servs. v. Thompson, 321 F.3d 835 , 846 n. 9 (9th Cir.2003). However, parties must have standing to appeal. Diamond v. Charles, 476 U.S. 54, 68 , 106 S.Ct. 1697 , 90 L.Ed.2d 48 (1986). “To have standing to appeal, a party must be aggrieved by the district court’s order.” Bryant v. Tech. Research Co., 654 F.2d 1337 , 1343 (9th Cir.1981) (internal quotations omitted). Insofar as the district court’s order required Valley Forge to pay attorney fees to APL, Valley Forge was “aggrieved” by that order, which means that Valley Forge has standing to appeal.

“We generally review fee awards for an abuse of…