Legal Opinion
Syntek Semiconductor Co. v. Microchip Technology Inc.
Court of Appeals for the Ninth Circuit
Decided April 8, 2002No. Nos. 00-17352, 00-17353 and 01-15641PublishedCited by 132 opinions
1Opinion of the Court
ORDER
The opinion filed April 8, 2002 appearing at 285 F.3d 857 (9th Cir.2002) is amended as follows:
At 285 F.3d at 864, delete all text from “However, if application of the doctrine of primary jurisdiction is limited to an issue in the pending action, rather than the entire dispute, then the court normally should stay the proceedings pending agency action” up to an including the last sentence of Section IV.
In lieu thereof, replace with the following material: “However, the question of whether a party is “unfairly disadvantaged” by dismissal must also be considered. Reiter, 507 U.S. at 268-69,…
2Cases cited7 opinions
- United States v. Philadelphia National BankSupreme Court of the United States · 1963
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Reiter v. CooperSupreme Court of the United States · 1993
- Whittaker Corporation Whittaker Controls, Inc. v. Execuair Corporation Execuair Sales Corporation David ManhanCourt of Appeals for the Ninth Circuit · 1992
- United States v. General Dynamics Corp.Court of Appeals for the Ninth Circuit · 1987
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3Cited by132 opinions
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- Nancey Silvers v. Sony Pictures Entertainment, Inc.Court of Appeals for the Ninth Circuit · 2005
- Clark v. Time Warner CableCourt of Appeals for the Ninth Circuit · 2008
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