John Haldiman, Jr. v. Continental Casualty Co.

MEMORANDUM

Ms. Betty Lou Haldiman’s personal representative challenges the denial of Ms. Haldiman’s motions to remand to state court and for partial summary judgment and the granting of the motions by Continental Casualty Company (“Continental”) to dismiss, for summary judgment, and to exclude expert testimony. We affirm.

1. As the denial of remand was not appealed, this diversity case is viewed “in the posture it had at the time of the entry of the final judgment.” Dep’t of Fair Emp’t & Hous. v. Lucent Techs., Inc., 642 F.3d 728, 736 (9th Cir. 2011) (quoting Carpenters Health & Welfare Tr. Fund for Cal. v. Tri Capital Corp., 26 F.3d 849, 852 (9th Cir. 1994), overruled on other grounds by S. Cal. IBEW-NECA Tr. Funds v. Standard Indus. Elec. Co., 247 F.3d 920 (9th Cir. 2001)). In addition to Ms. Haldiman’s claim to the policy’s full benefit, her attorney’s fees are considered in calculating the amount in controversy because they would have been recoverable if she had prevailed. See, e.g., Hanlon v. Chrysler Corp., 150 F.3d 1011, 1029 (9th Cir. 1998); see also Ariz. Rev. Stat. § 12-341.01 (permitting recovery of attorney’s fees “[i]n any contested action arising out of a…