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Abstention Doctrine
An abstention doctrine is any of several doctrines that a court of law might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different courts at the same time.
The United States has a federal court system with limitations on the cases that federal courts can hear, while each state has its own individual court system. In some instances, the jurisdiction of these courts overlaps, so a lawsuit between two parties may be brought in either court - or in both. The latter circumstance can lead to confusion, waste of resources, and the appearance that one court is disrespecting the other. Both federal and state courts have developed rules determining when one court will defer to another's jurisdiction over a particular case.
"Limiting Legal Scope": the economic abstention doctrine
On February 7, 2008, the Daily Journal ran a Focus article called "Limiting Legal Scope" (subscription). The article addresses, from a defense-oriented perspective, the economic abstention doctrine that has developed in the UCL case law...
IL Court Applies Abstention Doctrine In Challenge To Hiring of Priest
In Buss v. Przybylo, (IL App. Ct., Sept. 26, 2008), an Illinois appellate court applied the ecclesiastical abstention doctrine to dismiss a complaint by two members of The Shrine of Christ the King challenging a contract entered into by the church to employ Father Chester Przybylo to serve as priest for the congregation...
New UCL "abstention doctrine" decision: Center for Biological Disversity, Inc. v. FPL Group, Inc.
Those of you who closely followed the heavy trial-level activity post-Prop. 64 may remember a significant ruling on Prop...
Federal District Court Remands Special Use Permit Case Citing Abstention Doctrine
Petitioners sought to use their roughly three acre lot in an R-1 residential district for a medial clinic, which was an allowable use subject to obtaining a special use permit...
Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine
In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme...
The Abstention Factor in Bankruptcy Proceedings
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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