Legal Opinion
American Centennial Insurance v. Armco Inc.
District Court, S.D. New York
Decided September 11, 1990No. 89 Civ. 6117 (LMM), 89 Civ. 7068 (LMM)PublishedCited by 3 opinions
1Opinion of the Court
McKENNA, District Judge.
Defendant moves pursuant to Articles III and IV of the United States Constitution and Fed.R.Civ.P. 12(b)(1) for an order dismissing the claims in these actions for lack of subject matter jurisdiction 1 , or alternatively, staying or dismissing these actions on abstention grounds. Defendant’s motion requires the Court to resolve a conflict between the fundamental obligation to exercise federal jurisdiction and the unique responsibility of the several states to regulate the pooling of risks.
The Court concludes that it must defer to Ohio’s interest in providing for the…
2Cases cited23 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Paul v. VirginiaSupreme Court of the United States · 1869
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3Cited by3 opinions
- George Fabe, Superintendent of Insurance, State of Ohio v. United States Department of the Treasury Mitchell A. Levine, Assistant CommissionerCourt of Appeals for the Sixth Circuit · 1991
- In Re Agway, Inc.United States Bankruptcy Court, N.D. New York · 2006
- George Fabe, Superintendent of Insurance, State of Ohio v. United States Department of the Treasury Mitchell A. Levine, Assistant CommissionerCourt of Appeals for the Sixth Circuit · 1991