MOORE

v.

MORROW, SECRETARY OF NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, ET AL.

Citator

Cited By

• Transamerica Occidental Life Ins. Co. v. Digregorio, 811 F.2d 1249 (9th Cir. 1987)
  …over declaratory judgment actions requires a different analysis.4 Nor, finally, did the panel in Mobil Oil acknowledge our own post-1976 cases reiterating the well-settled rule. See Fern v. Turman, 736 F. 2d 1367, 1370 (9th Cir.1984), cert. denied, 469 U.S. 1210, 105 S.Ct. 1177, 84 L.Ed.2d 326 (1985); Geni-Chlor Int’l, Inc. v. Multisonics Dev. Corp., 580 F. 2d 981, 985 (9th Cir.1978). Whatever may be the reach of Mobil Oil, abstention in this case has congressional support. Congress has expressly provided…
• Benjamin v. Coughlin, 905 F.2d 571 (2d Cir. 1990)
  …ment c (1982); see Koch v. Consolidated Edison Co. of New York, 62 N.Y.2d 548, 554 n. 2 & 555 n. 4, 468 N.E. 2d 1, 4 nn. 2 & 4, 479 N.Y.S.2d 163, 166 nn. 2 & 4 (1984) (adopting the issue preclusion factors outlined in the Restatement), cert. denied, 469 U.S. 1210, 105 S.Ct. 1177, 84 L.Ed.2d 326 (1985). The action at bar was commenced in 1979, several years before the state court decisions in Lewis and Overton. Therefore, defendants had a strong incentive, as well as a fair opportunity, to contest the haircu…
• Chamberlain v. Allstate Ins. Co., 931 F.2d 1361 (9th Cir. 1991)
  …rcising its jurisdiction, the result is that no aspect of the proceeding remains in federal court. See, e.g., Brillhart, 316 U.S. at 491, 62 S.Ct. at 1173; Fireman’s Fund, 860 F. 2d at 353; Fern v. Turman, 736 F. 2d 1367 (9th Cir.1984), cert. denied 469 U.S. 1210, 105 S.Ct. 1177, 84 L.Ed.2d 326 (1985). This is not so here. Even if the district court had refrained from exercising its jurisdiction over Allstate’s declaratory relief counterclaim, the district court still would have had to exercise its diversity…