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· 3/7/2024

LaMont's Wild W. Buffalo, LLC v. Terry

Citations

  • 140 Nev. Adv. Op. No. 11

How courts have described this case

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

  • recognizing that a federal declaratory judgment action filed by an insurer because it \was aware of [the insured's] claim and hoped to preempt any state court proceeding ... would encourage forum shopping\
  • noting that “California has established a complex scheme of insurance regulation” and that “the federal court could have avoided a needless determination of state law by not exercising its jurisdiction’
  • declining to exercise jurisdiction under the “forum shopping” Brillhart factor where the declaratory plaintiff corporation “filed in federal court because [it] apparently perceived a tactical advantage from litigating in a federal forum”
  • “[I]f a declaratory judgment suit is defensive or reactive, that would justify a court’s decision not to exercise jurisdiction.”
  • “[c]ourts should generally decline to assert jurisdiction in . . . declaratory relief actions presenting only issues of state law during the pendency of parallel proceedings in state court”
  • overruled 9 on other grounds by Dizol, 133 F.3d at 1227

Source: CourtListener parenthetical corpus (CC0).

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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.