Tag Archives: Younger Abstention

Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission

In Applied Underwriters v. Laras,  No. 21-15679 (9th Cir. June 10, 2022), a split panel affirms the dismissal of a federal civil-rights action in favor of a pending state conservatorship action, but disagrees on the grounds. The panel majority would affirm under the prior exclusive jurisdiction rule, while the concurring judge would rely (as didContinue reading “Split Ninth Circuit Panel Applies Prior Exclusive Jurisdiction Rule to Affirm Dismissal of Federal Action Against State Insurance Commission”

Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien

In Cavanaugh v. Geballe, No.21-571 (2d Cir. Mar. 17, 2022), the Second Circuit holds that the district court erred by abstaining under the doctrine established in Younger v. Harris, 401 U.S. 37 (1971), from hearing a due process challenge to a statutory lien on plaintiff’s inheritance and grandmother’s estate. The panel holds that a stateContinue reading “Second Circuit Holds That Younger Abstention Does Not Apply to State Probate Court Order Concerning the Validity of a Lien”