Please ensure Javascript is enabled for purposes of website accessibility

Civil Procedure — abstention

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2014//

Civil Procedure — abstention

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2014//

Listen to this article

U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — abstention

Where the factors weigh both in favor of and against staying federal proceedings pending parallel state proceedings, it was not an abuse of discretion for the district judge to stay the proceedings.

“In sum, several factors strongly favor abstention while numerous others weigh in its favor. Freed has not presented persuasive arguments to establish why any of the factors strongly weigh against abstention. Since the factors more heavily weigh in favor of a stay, we respectfully suggest that the state court should first resolve when Freed dissociated from CLG and whether he has stated a claim for breaches of contract or fiduciary duty against Weiss before any of the derivative federal suits can go forward. Accordingly, we find that the district court did not abuse its discretion in finding that the nature and circumstances of the state and federal proceedings warranted a stay.”

Affirmed.

13-2339 & 13-2340 Freed v. J.P. Morgan Chase Bank, N.A.

Appeals from the United States District Court for the Northern District of Illinois, Feinerman, J., Bauer, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests