· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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