DURAND ET AL.

v.

SIMON PRODUCTIONS NO. 2, INC., 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…