· 6/6/1983
Mission Insurance Company v. Puritan Fashions Corporation
Citations
- 706 F.2d 599
- 1983 U.S. App. LEXIS 27008
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Colorado River abstention test is inapplicable where the Declaratory Judgment Act is involved
- holding that plaintiff should not be permitted to gain precedence in time and forum by filing a declaratory action which is merely anticipatory of a parallel state action
- holding that it is appropriate for a federal district court to decline jurisdiction over a declaratory judgment action where the declaratory judgment action was filed in apparent anticipation of a suit in another forum
- noting that the Declaratory Judgment Act bestows “a choice, not a command” on a district court (quotation omitted)
- explaining that “the Declaratory Judgment Act, 28 U.S.C. § 2201, confers no jurisdiction but is a procedural device designed to provide a new remedy to the federal court arsenal”
- finding that anticipatory suits are disfavored because they are aspects of forum shopping
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Reavley, Higgin-Botham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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