· 9/4/1990
Allstate Insurance Company v. Dawn Mercier
Citations
- 913 F.2d 273
- 1990 U.S. App. LEXIS 15339
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the state court deciding the underlying tort action would be “in a superior position” to determine the indemnity issues
- holding that dismissal of declaratory judgment action was proper where federal action paralleled state action “in the sense that the ultimate legal determination in each depends upon the same facts”
- holding that it is an abuse of discretion for a district court to grant a declaration of liability for tort damages in a pending state court action where the plaintiff could have brought an action for declaratory relief under state law
- holding that an insurer’s federal declaratory action should be dismissed in part because the insurer “could have presented the issues that it brought to federal court in a separate action to the same court that will decide the underlying tort action”
- listing 'procedural fencing' and providing 'an arena for a race for res judicata' as factors to consider in declining to render a prayed-for declaration
- reversing exercise of jurisdiction where issuing declaration was premature and could interfere with ongoing state proceedings
Source: CourtListener parenthetical corpus (CC0).
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.