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· 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 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.