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Posts tagged "Wilton/Brillhart abstention doctrine insurance coverage declaratory judgment"

Federal Magistrate Judge Applies Wilton/Brillhart Abstention Doctrine and Recommends Denial of Motion to Stay in Insurance Declaratory Judgment Action

A federal magistrate judge has applied the federal Wilton/Brillhart abstention doctrine under which federal courts can decline to exercise federal jurisdiction in an insurance coverage declaratory judgment action when there is a parallel state court proceeding. After considering five factors the magistrate judge recommended that the court deny the insured's motion to stay and retain federal jurisdiction.