4th Circ. Lets Insurers Remove Case Without Contractor's OK

Law360, New York (November 18, 2013, 4:01 PM EST) -- The Fourth Circuit held Friday that because an insured contractor was a nominal defendant in a battle among five insurers over a $1 million settlement of faulty construction claims, the contractor did not have to give permission for the suit to be moved from state to federal court.

The published decision marks the first time that the Fourth Circuit has defined “nominal party” within the context of the rule of unanimity, which requires all defendants to agree to remove a newly filed case from state to...
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