Legal Opinion
Tonnemacher v. Touche Ross & Co.
Court of Appeals of Arizona
Decided February 8, 1996No. 1 CA-CV 94-0501PublishedCited by 5 opinions
1Opinion of the Court
OPINION
LANKFORD, Judge.
The principal issue in this appeal is whether a trial court may dismiss an action because the claim asserted had been raised in a federal court action. We hold that although a trial court may stay such an action, dismissal is improper and therefore reverse.
In January 1989, the plaintiffs filed a complaint in the United States District Court in Arizona. The complaint included federal claims based on common law negligence, gross negligence, negligent misrepresentation, and common law fraud, as well as two pendent state law claims for damages based on Arizona racketeering…
2Cases cited26 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Landis v. North American Co.Supreme Court of the United States · 1936
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- McClellan v. CarlandSupreme Court of the United States · 1910
- Ponzi v. FessendenSupreme Court of the United States · 1922
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3Cited by5 opinions
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- PEDRO U. DIAZ and NOEMI C. DIAZ v. BBVA USA, Fka COMPASS BANKCourt of Appeals of Arizona · 2022
- Kainz v. Jacam Chemical Co. 2013North Dakota Supreme Court · 2023
- Tri City National Bank v. BarthCourt of Appeals of Arizona · 2015