Legal Opinion

Stewart v. Western Heritage Insurance

Court of Appeals for the Fifth Circuit

Decided January 26, 2006No. 05-60405PublishedCited by 72 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The parties ask this Court to determine whether the district court correctly stayed this lawsuit pending the outcome of a related state court proceeding. We hold that the lower court erred, and therefore REVERSE and REMAND.

I. FACTUAL AND PROCEDURAL BACKGROUND

The present case concerns a previous lawsuit in Mississippi state court. The plaintiffs in that suit claimed that Boardwalk Lounge, Inc. was responsible for the wrongful death of one of its patrons, Ryan Yates. Susie Pierce Stewart (“Appellee”) is Boardwalk’s sole shareholder, officer, and registered agent.…

2Cases cited9 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  4. Black Sea Investment, Ltd., Plaintiff-Counter v. United Heritage Corporation, Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 2000
  5. Evanston Insurance Company v. Jimco, Inc.Court of Appeals for the Fifth Circuit · 1988

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3Cited by72 opinions

  1. American Family Life Assurance v. Glenda Biles, etCourt of Appeals for the Fifth Circuit · 2013
  2. Brown v. Pacific Life InsuranceCourt of Appeals for the Fifth Circuit · 2006
  3. African Methodist Episcopal v. Willard Lucien, Jr.Court of Appeals for the Fifth Circuit · 2014
  4. Cathy Jackson-Platts v. General Electric Capital CorporationCourt of Appeals for the Eleventh Circuit · 2013
  5. Huon v. Johnson & Bell, Ltd.Court of Appeals for the Seventh Circuit · 2011

67 more not listed; retrieve them via the Exa API.

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