Legal Opinion · Dissent
Miller v. Brooks
Court of Appeals for the Fourth Circuit
Decided January 17, 2003No. Nos. 01-2194, 01-2229Published
1DissentTraxler, Circuit Judge
My colleague Judge Hamilton has done an admirably thorough job of distilling and setting forth the applicable legal principles from decisions interpreting the All Writs Act. See 28 U.S.C.A. § 1651(a) (West 1994). I differ only in the conclusion I would reach after applying those principles.
In enjoining the Millers from enforcing their arbitration award through the California court system, the district court exercised jurisdiction pursuant to the All Writs Act.* The All Writs Act grants district courts the power to “issue all writs necessary or appropriate in aid of their respective…
2Cases cited10 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Syngenta Crop Protection, Inc. v. HensonSupreme Court of the United States · 2002
- United States v. New York Telephone Co.Supreme Court of the United States · 1977
- Wesch v. FolsomCourt of Appeals for the Eleventh Circuit · 1993
- Kelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Eleventh Circuit · 1993
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