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· 2/26/1999

Village of Westfield, N.Y., Plaintiff-Counter-Defendant-Appellee v. Welch's, Defendant-Counter-Claimant-Appellant

Citations

  • 170 F.3d 116
  • 29 Envtl. L. Rep. (Envtl. Law Inst.) 21016
  • 1999 U.S. App. LEXIS 3052
  • 1999 WL 112181

How courts have described this case

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

  • holding that causes of action under the Supremacy Clause \do not depend on the existence of a private right of action under the [preempting statute].\
  • holding that absence of a res weighs against staying case pursuant to Colorado River doctrine
  • recognizing that the appellate court has the authority to apply Colo- rado River test where the district court fails to do so in first instance
  • holding that a cause of action under the Supremacy Clause “do[es] not depend on the existence of a private right of action under the [preempting statute]”
  • determining that the state court proceeded at a \slow pace\ where it had \invested over thirteen years in the matter\
  • finding that “the absence of federal issues does not strongly advise dismissal, unless the state law issues are novel or particularly complex”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Walker, Melaughlin

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.