Tuesday, February 12, 2013

First Circuit -- Casiano-Montanez v. State Insurance Fund Corp.

Stay granted under Pullman abstention, as the Federal Constitutional question has antecedent state property law questions.

Dismissing under Younger abstention was error, as (1) dismissal is thwe wrong remedy under Younger and (2) plaintiffs had initiated the state action, and it was remedial to the same harms.

Casiano-Montanez v. State Insurance Fund Corp. 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.