Legal Opinion
Bieros v. Nicola
District Court, E.D. Pennsylvania
Decided April 28, 1994No. 93-CV-4485PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
ANITA B. BRODY, District Judge.
Before me is defendant’s motion for abstention or, in the alternative, dismissal for failure to join an indispensable party. The issues before me are:
1. Whether the Burford abstention doctrine permits me to decline jurisdiction over an ordinary contract claim between diverse parties because the contract in issue is an agreement to sell an insurance company. I hold that it does not.
2. Whether abstention under the Colorado River doctrine is justified solely by the existence of related litigation in state court. I hold that it is not.
3. Whether…
2Cases cited9 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- George F. Grode, Insurance Commissioner of the Commonwealth of Pennsylvania v. The Mutual Fire, Marine and Inland Insurance Company. Cynthia M. Maleski, Acting Insurance Commissioner of the Commonwealth of Pennsylvania, as Acting Rehabilitator of the Mutual Fire, Marine & Inland Insurance Co. v. Brittany Insurance Company Belvedere Underwriting Agents, Ltd. Belvedere Underwriting Agents, Ltd. For and on Behalf of Belvedere Insurance Company, Brittany Insurance Company, Ltd. In No. 93-1128, Belvedere Insurance Company, Ltd. In No. 93-1129Court of Appeals for the Third Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bieros v. NicolaDistrict Court, E.D. Pennsylvania · 1994