· 6/15/2011
Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance
Citations
- 642 F.3d 849
- 2011 U.S. App. LEXIS 12066
- 2011 WL 2373055
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the Declaratory Judgment Act “in no way modifies the district court’s jurisdiction, which must properly exist independent of the” Declaratory Judgment Act
- noting that the FAA “mandates that district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed”
- noting that the FAA “mandates that district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed”
- explaining “[t]he express terms of the [FAA] do not allow a district court to abstain from granting relief in cases where its jurisdiction is proper” (emphasis added)
- explaining that the Declaratory Judgment Act (“DJA”
- district court properly exercised jurisdiction over FAA claim involving state-law dispute where the court “ha[d] independent diversity jurisdiction”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Thomas, Rosenthal
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.