· 4/18/2002
Gannett Company, Incorporated v. The Clark Construction Group, Incorporated
Citations
- 286 F.3d 737
- 2002 U.S. App. LEXIS 7150
- 2002 WL 596379
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that suits were not parallel where federal action involved breach of contract issue and state lien action involved existence of contract issue
- holding that where state and federal suits are proceeding at similar paces, this factor weighs against abstention
- holding that “the district court abused its discretion by determining that the possibility of piecemeal litigation weighs in favor of abstention”
- holding that when both proceedings had progressed at similar paces, the “progress” factor counsels against abstention
- noting that abstention is based in part on principles of comity
- declining to abstain from parallel federal action due to lack of extraordinary circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Williams, King, Davis
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.