Opinion

The Travelers Insurance Company v. Louisiana Farm Bureau Federation, Inc.

  • 996 F.2d 774
  • 1993 U.S. App. LEXIS 19402
  • 1993 WL 258782
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 29, 1993
Status
Published
Author
Garwood
On the bench
Johnson, Garwood, Jones
Cited by
154 cases

explaining that as a “general rule,” federal courts are barred from entertaining declaratory judgment actions where, unlike here, “a declaratory defendant has previously filed a cause of action in state court against the declaratory plaintiff” (emphasis added)

How later courts described this case

  • explaining that as a “general rule,” federal courts are barred from entertaining declaratory judgment actions where, unlike here, “a declaratory defendant has previously filed a cause of action in state court against the declaratory plaintiff” (emphasis added)
  • finding that Anti-Injunction Act did not bar relief because there was neither a state court action against the declaratory plaintiff nor a state court action involving the same issues as the declaratory action
  • explaining that, where the three authority factors are met, “the issuance of a declaratory judgment . . . would be antithetical to the noble principles of federalism and comity”
  • stating that “the factors set out in Colorado River ... are inapplicable in declaratory judgment actions.”

Written by the judges who cited it.

The opinion

GARWOOD, Circuit Judge,

specially concurring:

I concur in Judge Johnson’s careful opinion, and write separately only to emphasize *780 my understanding that we do not thereby speak to what the result would be had not “Miss Hurdle, in essence, abandoned” her “state case” and “waived any right to assert that her state action took precedence over Travelers’ federal action.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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