Legal Opinion · Dissent

Kremen v. Cohen

Court of Appeals for the Ninth Circuit

Decided January 22, 2003No. 19-35460Published

1DissentKozinski, Circuit Judge

When a federal court certifies a case to a state supreme court, it draws from a limited reservoir of comity. Certifying the case shifts the difficult work of deciding it to the state court, which is often so busy keeping its own house in order that it *1044scarcely has time for our overflow laundry. Certification also burdens litigants, forcing them to reargue the case in a different forum — a process that is costly and full of delay. None of the parties or amici in our case has so much as hinted that we should certify; Kremen explicitly urged us not to, citing the many years already spent in…

2Cases cited40 opinions

  1. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  2. Bancroft & Masters, Inc., a California Corporation v. Augusta National Inc., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 2000
  3. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  4. G.S. Rasmussen & Associates, Inc. v. Kalitta Flying Service, Inc. Connie Kalitta Services, Inc. Conrad A. KalittaCourt of Appeals for the Ninth Circuit · 1992
  5. Foremost Insurance v. Allstate InsuranceMichigan Supreme Court · 1992

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