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· 3/23/1998

Aetna Casualty & Surety Company v. Ind-Com Electric Company

Citations

  • 139 F.3d 419
  • 1998 U.S. App. LEXIS 5714
  • 1998 WL 125687

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the court’s discretion “must be guided” by, inter alia, considerations of efficiency, comity, and wise judicial administration
  • holding that there is no requirement that a state action be pending before a federal court may decline to exercise jurisdiction over a declaratory judgment action
  • describing procedural fencing as a device “to provide another forum in a race for res judicata.”
  • enumerating several factors to guide court’s exercise of discretionary jurisdiction over declaratory judgments
  • “[T]he existence of [a parallel state] proceeding should be a significant factor in the district court’s determination. But it is not dispositive.”
  • “This circuit has long recognized the discretion afforded to district courts in determining whether to render declaratory relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell, Michael, Motz

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.