Legal Opinion

Heibert Rojas-Hernandez v. Puerto Rico Electric Power Authority

Court of Appeals for the First Circuit

Decided February 4, 1991No. 90-1419PublishedCited by 45 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

Rojas-Hernandez appeals from the district court’s denial of his motion to set a trial date in his action against Puerto Rico Electric Power Authority and Cooperativa Jardines de San Ignacio. Because the district court’s decision to delay the trial in the federal case until after the ending of a related proceeding pending in the courts of the Commonwealth of Puerto Rico may deprive the plaintiff of a federal forum in which to litigate his claim, and has led to unnecessary delay in the federal action, we hold that the order is, in effect, a surrender of federal…

2Cases cited14 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. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  4. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  5. Idlewild Bon Voyage Liquor Corp. v. EpsteinSupreme Court of the United States · 1962

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3Cited by45 opinions

  1. Valjeanne Currie v. Group Insurance CommissionCourt of Appeals for the First Circuit · 2002
  2. Elmendorf Grafica, Inc. v. D.S. America (East), Inc.Court of Appeals for the First Circuit · 1995
  3. Villa Marina Yacht Sales, Inc. v. Hatteras YachtsCourt of Appeals for the First Circuit · 1991
  4. William A. Burns v. Jamie N. Watler, Etc.Court of Appeals for the First Circuit · 1991
  5. Blue Cross & Blue Shield of Alabama v. Unity Outpatient Surgery Center, Inc.Court of Appeals for the Ninth Circuit · 2007

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