9th U.S. Circuit Court of Appeals
Apr. 8, 2019
Some federal claims can be considered simultaneously with state proceedings
The 9th Circuit recently held that the abstention doctrine does not preclude some federal claims from being considered simultaneously with state proceedings in the same action.
Isaac Rosen
Associate
Best Best & Krieger
Email: isaac.rosen@bbklaw.com
Isaac works out of the firm's Los Angeles office performing advisory work for local agencies, including cities, special districts and Joint Powers Authorities.
The U.S. Supreme Court has long held that federal courts should abstain from hearing matters that could unduly interfere with an ongoing state action involving important state interests, so long as parties to that state action have an opportunity to raise constitutional challenges in that forum. If the results of the federal action would enjoin the related state proceeding under the circumstances, abstention may be proper. For example, a state criminal defendant canno...
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