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Here's what was really going on: South by Southwest faced a class action claim by ticketholders, and it sought insurance coverage.
@JoeDudekJD I wish they would publish this opinion. The analysis of the contract exclusion and distinguishing that fiduciary duty case all seems valuable to me, and (especially since I read it) I don’t see why we shouldn’t be able to cite it.
@nycsouthpaw I think I agree. (And every court should let you cite it as persuasive.) But I'm struggling to commit to a good general rule for publication when the federal court is applying state law in diversity. It's not really their law to announce.