Legal Opinion

Marilyn Clark, on Behalf of Sears v. Alam Lacy

Court of Appeals for the Seventh Circuit

Decided July 19, 2004No. 03-3891PublishedCited by 115 opinions

1Opinion of the Court

FLAUM, Chief Judge.

In this case we are asked to consider how the Colorado River abstention doctrine applies to a derivative shareholder suit brought in federal court that involves the same factual predicate, most of the same defendants, and fundamentally the same legal issues as a derivative shareholder suit brought by a different plaintiff shareholder in New York state court. Pursuant to Colorado River, the district court stayed this action in favor of the state proceeding. For the reasons stated in this opinion, we conclude that the district court did not abuse its discretion in granting…

2Cases cited10 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Interstate Material Corporation, an Illinois Corporation, on Its Own Behalf and on Behalf of All Others Similarly Situated v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1988
  4. James R. Laduke v. Burlington Northern Railroad CompanyCourt of Appeals for the Seventh Circuit · 1989
  5. Caminiti and Iatarola, Limited v. Behnke Warehousing, IncorporatedCourt of Appeals for the Seventh Circuit · 1992

5 more not listed; retrieve them via the Exa API.

3Cited by115 opinions

  1. Adkins v. VIM Recycling, Inc.Court of Appeals for the Seventh Circuit · 2011
  2. John Cottrell v. Michael DukeCourt of Appeals for the Eighth Circuit · 2013
  3. Marvin F. Tyrer v. City of South Beloit, IllinoisCourt of Appeals for the Seventh Circuit · 2006
  4. Eric D. Freed v. J.P. Morgan Chase Bank, N.A.Court of Appeals for the Seventh Circuit · 2014
  5. Huon v. Johnson & Bell, Ltd.Court of Appeals for the Seventh Circuit · 2011

110 more not listed; retrieve them via the Exa API.

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