Government Employees Insurance v. Dizol

with whom Judges FLETCHER, REINHARDT, and BRUNETTI join.

I respectfully dissent.

In Brillhart v. Excess Insurance Co. of America, 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), the Supreme Court instructed that in an action filed pursuant to the Declaratory Judgment Act, a district court has the duty to determine whether the presentation of the plaintiffs claim in state court has been foreclosed under applicable law or whether it can be tested in a pending state court proceeding. Id. at 495-96, 62 S.Ct. at 1175-76.

In Wilton v. Seven Falls Co., 515 U.S. 277, 115 S.Ct. 2137, 132 L.Ed.2d 214…