In Reifer v. Westport Ins. Corp., 2014 U.S. App. LEXIS 8014 (3d Cir. Pa. Apr. 29, 2014), the U.S. Court of Appeals for the Third Circuit affirmed a district court's decision to abstain from deciding, and remanded back to state court, an insurance coverage declaratory judgment action.
<i>Wilton /Brillhart</i> Abstention Update
While it is not unusual for federal courts to apply the <I>Wilton/Brillhar</I>t abstention doctrine in response to a party motion, a recent case is remarkable because not only did the district court dismiss the case on its own motion, it did so fully a year after removal, with no parallel state court action pending and after the magistrate judge had issued a 39-page report recommending that the coverage question be answered in the insurer's favor.
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William P. Shelley, Jacob C. Cohn And Andrew C. LuckingThis premium content is locked for LawJournalNewsletters subscribers only
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