*** This summary constitutes no part of the opinion of the court. Shea, Senior United States District Judge for the Eastern District of Washington, sitting by designation. The panel held that the district court correctly chose to analyze Strange Land’s request for abstention in the federal ** The Honorable Edward F. filed an action in Nevada state court seeking compensation for its repair work from Strange Land as the property owner and Seneca as the policy issuer. Bank in the instant federal action seeking a declaration of insurance obligations. filed a complaint against Strange Land and U.S. In July 2014, Seneca Insurance Company, Inc. pending the decision in a parallel state court proceeding and remanded to the district court for further proceedings. Opinion by Judge Wardlaw SUMMARY*** Colorado River Abstention The panel vacated the district court’s order staying an action, pursuant to Colo. STRANGE LAND Before: Kim McLane Wardlaw and Ronald M. Hicks, District Judge, Presiding Submitted March 17, 2017* San Francisco, California Filed J* The panel unanimously concludes this case is suitable for decision without oral argument. Appeal from the United States District Court for the District of Nevada Larry R. BELFOR USA GROUP, INC., DBA Belfor Property Restoration, Third-Party-Defendant-Appellee. BANK NATIONAL ASSOCIATION, Defendants-Appellees, OPINION v. The panel held that the district court’s application of Colorado River abstention was an abuse of its narrow discretion because the case was not “exceptional” so as to warrant disregarding the obligation of a federal court to exercise its jurisdiction.įOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SENECA INSURANCE COMPANY, INC., Plaintiff-Third-Party-PlaintiffAppellant, v. The panel evaluated the eight factors in assessing the appropriateness of a Colorado River stay or dismissal. The panel rejected Strange Land’s argument that the more lenient abstention test from Wilton v. STRANGE LAND 3 action under the Colorado River framework because Seneca sought remedies beyond declaratory judgment. The panel held that the district court correctly chose to analyze Strange Land’s request for abstention in the federal SENECA INS.
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Court Description: Colorado River Abstention The panel vacated the district court’s order staying an action, pursuant to Colo.