Tag Archives: Comity Abstention

Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order

In a 94-page order about whether to grant the State of Florida an injunction pending appeal of the federal government’s COVID-19 vaccine mandate in hospitals, a split panel in State of Florida v. Dep’t of Health and Human Servs., No. 21-10498 (11th Cir. Dec. 6, 2021), holds that the entry of a “nationwide” injunction ofContinue reading “Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order”

Seventh Circuit Affirms Remand of City’s Royalty Lawsuit Against Video Streaming Services Back to State Court, Based on “Comity Abstention”

In City of Fishers, Indiana v. DIRECTTV, No.20-3478 (7th Cir. July 21, 2021), the Seventh Circuit holds that a suit involving “state taxation of commercial activity” belonged in state court, and should not have been removed to federal court, under the seldom-invoked “comity abstention” doctrine. This action was brought under Indiana’s Indiana Video Service FranchisesContinue reading “Seventh Circuit Affirms Remand of City’s Royalty Lawsuit Against Video Streaming Services Back to State Court, Based on “Comity Abstention””