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· 7/19/2004

Marilyn Clark, on Behalf of Sears v. Alam Lacy

Citations

  • 376 F.3d 682
  • 2004 WL 1595207

How courts have described this case

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

  • affirming district court’s stay of a federal action where the federal action alleged only state law claims
  • considering plaintiffs in two derivative shareholder suits essentially the same because the corporation was “the true party in interest”
  • “To be sufficiently similar it is not necessary that there be ‘formal symmetry between the two actions’ ”
  • “Parties with ‘nearly identical’ interests are considered ‘substantially the same’ for Colorado River purposes.” (quoting Caminiti & Iatarola, 692 F.2d at 700–01)
  • “Even though an additional remedy is sought in the federal action, the liability issues (which are the central legal issues) remain the same in both cases.”
  • “Parties with ‘nearly identical’ interests are considered ‘substantially the same’ for Colorado River purposes.” (quoting Caminiti & Iatarola, Ltd. v. Behnke Warehousing, Inc., 962 F.2d 698, 700-01 (7th Cir. 1992))

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Wood, Williams

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.