Legal Opinion
Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance
Court of Appeals for the Ninth Circuit
Decided June 15, 2011No. 10-15996PublishedCited by 40 opinions
1Opinion of the Court
OPINION
B. FLETCHER, Circuit Judge.
Appellant Mortgage Guaranty Insurance Company (“MGIC”) appeals the district court’s decision to remand this suit back to state court pursuant to its discretion under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202 (“DJA”). MGIC argues that the district court was required to consider its motion under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), before exercising its discretion under the DJA. We agree. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand.
I
Appellant MGIC and Appellees Countrywide Home Loans Insurance Company…
2Cases cited16 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
11 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Manuel Vasquez v. Tony RackauckasCourt of Appeals for the Ninth Circuit · 2013
- Carmax Auto Superstores California LLC v. HernandezDistrict Court, C.D. California · 2015
- Shell Gulf of Mexico Inc. v. Center for Biological Diversity, Inc.Court of Appeals for the Ninth Circuit · 2014
- Communications Test Design v. Contec, LLCCourt of Appeals for the Federal Circuit · 2020
- W.C. Motor Co. v. TalleyDistrict Court, N.D. Illinois · 2014
35 more not listed; retrieve them via the Exa API.