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· 4/13/1988

American International Underwriters, (Philippines), Inc., a Philippines Corporation v. The Continental Insurance Company, a New Hampshire Corporation

Citations

  • 843 F.2d 1253
  • 1988 U.S. App. LEXIS 4627
  • 1988 WL 31926

How courts have described this case

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

  • holding that substantial progress had been made where the state court judge had decided seven motions
  • noting that seven motions decided by the state court judge supported a finding that the state action had priority over the federal one
  • holding that plaintiffs who have filed a complaint in state court should not be allowed to refile their complaint in federal court because refiling would effectively permit the plaintiff to remove his own action to a federal forum in contravention of 28 U.S.C. § 1441
  • finding that a two-and-a-half-year lapse 8 in time weighed in favor of a stay
  • involving a plaintiff who abandoned a state court case because the Federal Rules of Evidence were more favorable than the state evidentiary rules
  • finding forum shopping where, after two-and-a-half years, a party “abandoned] its state court case solely because it believe[d] that the Federal Rules of Evidence [we]re more favorable to it than the state eviden-tiary rules”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Leavy, Orrick

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.