In Interest of Presto

How courts have described this case

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

• finding that the probate exception did not deprive the court of jurisdiction to consider plaintiff’s RICO claims
• finding that “[i]n Marshall’s wake, several of our sister circuits have found that the probate exception does not bar claims for breach of fiduciary duty against an executor simply because the underlying conduct involves estate assets” before making that same determination
• “[A] federal court may abstain in certain instances where there is a parallel state court proceeding based on considerations of wise judicial administration that counsel against duplicative lawsuits.”
• “In short, to create the possibility of abstention under , the federal- and state-court cases must be ‘sufficiently parallel,’ … the state action must resolve all of the claims in the federal case.”

Source: CourtListener parenthetical corpus (CC0).