· 5/6/1992
Caminiti and Iatarola, Limited v. Behnke Warehousing, Incorporated
Citations
- 962 F.2d 698
- 1992 U.S. App. LEXIS 9263
- 1992 WL 91440
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a probate estate and a corporation that the estate partly owned were “substantially the same” because “their interests in the dispute . . . are nearly identical”
- finding that an estate and a company 16 constituted “substantially the same parties” because they had substantially similar interests since 17 the estate owned one-fourth of the company
- holding slight difference in parties and issues is insufficient to destroy parallel nature of two proceedings where granting of relief requested in state court would dispose of all claims raised in federal action
- affirming a stay under Colorado River, and agreeing that this factor favored abstention because the federal plaintiff could return to federal court after the state proceedings ended
- finding an estate and a business to be substantially the same parties in disputes involving legal fees owed by the business where the estate owned one-fourth of the business
- “[P]riority should not be measured exclusively by which complaint was filed first, but rather in terms of how much progress has been made in the two actions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Coffey
Read full opinion on CourtListenerSourced 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.