Legal Opinion
E. C. Ernst, Inc. v. Potlatch Corp.
District Court, S.D. New York
Decided December 1, 1978No. 78 CIV 4866 (LBS)PublishedCited by 16 opinions
1Opinion of the Court
OPINION
SAND, District Judge.
In this case of first impression, the Court is called upon to decide, among other issues, a question raised but unanswered by the Seventh. Circuit, i. e., whether . . .
“[t]he Federal Arbitration Act denied federal courts'the discretionary power to decline to exercise jurisdiction because of a pending state proceeding.” Bio-Analytical Services, Inc. v. Edgewater Hospital, Inc., 565 F.2d 450, 454 n. 5. We conclude that this question should be answered in the negative. We also conclude that the action cannot be transferred to a more convenient forum because of the…
2Cases cited19 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Norwood v. KirkpatrickSupreme Court of the United States · 1955
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Will v. Calvert Fire InsuranceSupreme Court of the United States · 1978
- United States v. OregonSupreme Court of the United States · 1961
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Mercury Construction Corporation, Mercury Construction Corporation v. The Moses H. Cone Memorial HospitalCourt of Appeals for the Fourth Circuit · 1981
- Merrill Lynch, Pierce, Fenner & Smith, Inc. And Patrick Palella v. Peter H. Lauer and Therese A. LauerCourt of Appeals for the Seventh Circuit · 1995
- Cigna Healthcare of St. Louis, Inc. v. Timothy N. KaiserCourt of Appeals for the Seventh Circuit · 2002
- Ansari v. Qwest Communications Corp.Court of Appeals for the Tenth Circuit · 2005
- J.P. Morgan Securities Inc. v. Louisiana Citizens Property InsuranceDistrict Court, S.D. New York · 2010
11 more not listed; retrieve them via the Exa API.