United States Ninth Circuit

In a case arising from a commercial bank deposit contract involving an account in which funds were held to secure the payment of claims in the highly regulated world of workers' compensation insurance, rulings against the Bank of New York in its suit against insurers are affirmed in part as to a conversion claim, but reversed in part and remanded as to an intentional interference with contract claim.

Appellate Information

• Argued 07/09/2007
• Decided 02/01/2008
• Published 02/01/2008

Judges

• Before:  ALEX KOZINSKI, Chief Judge, ANDREW J. KLEINFELD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert L. Wallan (argued), Kimberly L. Buffington, Mariah L. Brandt, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA, for appellant Bank of New York., John F. Finston, Katherine J. Eddy, Sonnenschein Nath & Rosenthal LLP, San Francisco, CA, for amicus curiae Superintendent of the State of New York as Ancillary Receiver of Fremont Indemnity Company and the New York Liquidation Bureau.


• For Appellees:
  
• Michael C. Lieb (argued), Leemore Kushner, Willenken, Wilson, Loh & Lieb, Los Angeles, CA;  Iain Nasatir, Pachulski Stang Ziehl Young Jones & Weintraub LLP, Los Angeles, CA, for appellee Fremont General Corporation.