Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

Other parties have tried this ruse, and most courts that have addressed this issue have rejected their argument.

- in MARTINGALE v. City of Louisville, 2004 and one similar citation

—practical effect of order would create doubt about validity of state's ruling and on judgment that might result from it; because order obstructed and interfered with state court process, it had effect of stay, and therefore was prohibited by Act

- in Moore's manual: Federal practice and procedure and one similar citation

—held that a district court's order constituted an inappropriate stay of a state court's proceeding where the district court restrained a state court from ruling on a dispute over employee benefits "under any law other than ERISA."

- in Oxford House-Evergreen v. City of Plainfield, 1991 and one similar citation

The Court has further explained that the Anti-Injunction Act "imposes an absolute ban upon the issuance of a federal injunction against a pending state court proceeding, in the absence of one of the recognized exceptions...."

- in Gunderson v. ADM Investor Services, Inc., 1997 and one similar citation

The federal courts have consistently recognized this common law exception to the general rule of prior adjudication.

- in Class Plaintiffs v. City of Seattle, 1992

As the Third Circuit has explained, "[t] his statute, with a venerable lineage that postdates the Bill of Rights by a mere two years, is designed to avert needless friction between state and federal courts."

- in Bledsoe v. Fulton Bank, 1996

The circuits are in agreement that the existence of preemption does not control application of the Anti-Injunction Act.

- in Employers Resource Management Co., Inc. v. Shannon, 1995

The nonintervenors' status as "strangers" to these proceedings accordingly depends on whether they are bound, under the principles of res judicata or collateral estoppel, by the decisions in either pending Superior Court proceeding.

- in Casa Marie, Inc. v. Superior Court of Puerto Rico, 1993

Nor does the fact that the Fiscal Agent sought injunctive relief as part of her complaint disqualify the action, as interpleaders frequently operate in conjunction with the use of injunctions against efforts by competing claimants to assert a superior right in or collection upon a res once the interpleader action has been initiated.

- in In re Fairchild Aircraft Corp., 1991

Although the Supreme Court of the United States has not yet ruled on the issue, most courts agree that a declaratory judgment action is barred if it would interfere with state proceedings in a manner similar to a prohibited injunction.

- in Employers Resource Management Co. v. Shannon, 1994