· 12/18/1987
Republic Reader's Service, Inc. v. Magazine Service Bureau, Inc. (In Re Republic Reader's Service, Inc.)
Citations
- 81 B.R. 422
- 1986 WL 15897
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing how a core claim under 28 U.S.C. § 157 is in substance a state law claim
- “All courts should attempt to protect both the state and federal court systems from the illegitimate gamesmanship involved in forum shopping”
- right to a jury trial is “indicative that . . . a state law claim lies at the heart of the action”
- in which the court listed numerous factors with regard to abstention which included “the likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties”
- abstention and remand would “in essence” bifurcate the matter with liability and damages to be decided by the state court, and the status and enforcement of the judgment to be settled by the bankruptcy court
- twelve factors considered by Bankruptcy Judge in determining whether to exercise discretionary abstention
Source: CourtListener parenthetical corpus (CC0).
Judges: Margaret A. Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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