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· 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 CourtListener

Sourced 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.