· 12/18/2013
John Cottrell v. Michael Duke
Citations
- 737 F.3d 1238
- 2013 WL 6640962
- 2013 U.S. App. LEXIS 25071
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that judgment rendered on derivative claim generally “preclude[s] subse- quent litigation [of that claim] by the corporation and its shareholders”
- noting that there is a “consensus among circuits that Colorado River does not apply when an exclusively federal claim is properly before the district court,” and citing cases from the Second, Seventh, and Ninth Circuits
- finding stay of one action pending outcome of another should have been analyzed under Colorado River abstention doctrine rather than a court’s inherent authority
- refusing to find two actions parallel, despite duplicate issues in both, because one court had no jurisdiction to adjudicate certain claims
- reversing Colorado River abstention over shareholder derivative action under Section 14(a) be- cause Delaware state court could not exercise jurisdiction over that claim in parallel derivative action
- Colorado River doctrine test applies when a requested stay “amounts to a complete refusal to exercise jurisdiction”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Melloy, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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