Legal Opinion

RR Street & Co., Inc. v. Vulcan Materials Co.

Court of Appeals for the Seventh Circuit

Decided June 25, 2009No. 08-3445, 08-3529PublishedCited by 58 opinions

1Opinion of the Court

MANION, Circuit Judge.

Under what is known as the Wilton/Brillhart abstention doctrine, district courts possess significant discretion to dismiss or stay claims seeking declaratory relief, even though they have subject matter jurisdiction over such claims. R.R. Street & Company, Inc. (“Street”) and National Union Fire Insurance Company of Pittsburgh, PA (“National Union”) sued Vulcan Materials Company (“Vulcan”) in this diversity action for declaratory relief and money damages related to Vulcan’s refusal to defend and indemnify Street in several underlying lawsuits. Relying on the…

2Cases cited14 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  4. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  5. 98 Cal. Daily Op. Serv. 291, 98 Daily Journal D.A.R. 398 Government Employees Insurance Company v. Alexander Dizol, Special Administrator of the Estate of Kevin Tate Dizol, DeceasedCourt of Appeals for the Ninth Circuit · 1998

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3Cited by58 opinions

  1. RR Street & Co. Inc. v. Transport Ins. Co.Court of Appeals for the Ninth Circuit · 2011
  2. Medical Assur. Co., Inc. v. HellmanCourt of Appeals for the Seventh Circuit · 2010
  3. Envision Healthcare, Inc. v. Preferredone InsuranceCourt of Appeals for the Seventh Circuit · 2010
  4. Bryan Rarick v. Federated Service Insurance CoCourt of Appeals for the Third Circuit · 2017
  5. Grice Engineering, Inc. v. JG Innovations, Inc.District Court, W.D. Wisconsin · 2010

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