United States ex rel. Greathouse v. Dern

1 Citing brief

  1. Steinberger v. IndyMac Mortgage Services et al

    MOTION to Remand to State Court

    Filed April 2, 2015

    The United States Supreme Court enunciated this type of abstention back in 1943, and courts have been exercising it ever since: Although a federal equity court does have jurisdiction of a particular proceeding, it may, in it sound discretion, whether its jurisdiction is invoked on the ground of diversity of citizenship or otherwise, “refuse to enforce or protect legal rights, the exercise of which may be prejudicial to the public interest,” for it “is in the public interest that federal courts of equity should exercise their discretionary power with proper regard for the rightful independence of state governments in carrying out their domestic policy.” Burford v. Sun Oil Co., 319 U.S. 315, 316-7, 63 S.Ct. 1098, 1099 (1943)(quoting United States v. Dern, 289 U.S. 352, 360, 53 S.Ct. 614, 617 (1934); Pennsylvania v. Williams, 294 Case 2:15-cv-00450-ROS Document 23 Filed 04/02/15 Page 13 of 17 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.S. 176, 185, 55 S.Ct. 380, 385 (1935)). “There must be reluctance even greater when the rights are strictly local, jurisdiction having no other basis than the accidents of residence.”