Suits are parallel only if substantially the same parties litigate substantially the same issues in different forums.
A coal mining company sued a labor union in state court for injunctive relief and in federal court for damages under RICO. The district court dismissed the federal action, finding the proceedings were parallel and that abstention was appropriate. On appeal, the court determines whether the suits are parallel, noting that suits are parallel only if substantially the same parties litigate substantially the same issues in different forums. Because the parties sought different remedies and the federal action involved different sources of law, the court finds no exceptional circumstances exist to justify abstention. The court concludes that some factual overlap does not necessarily dictate that proceedings are parallel.
At page 1073 Defining parallel proceedings in state and federal court93 citing cases“suits are parallel if substantially the same parties litigate substantially the same issues in different forums.”
- Ayres, No. 3:25-cv-00096 (W.D. Va. July 17, 2026). See New Beckley, 946 F.2d at 1074 (“A difference in remedies is a factor counseling denial of a motion to abstain.”); Chase Brexton, 411 F.3d at 465 (“In New Beckley, we held that the state and federal actions, although ‘virtually identica…
- SafePort Ins. Co. v. Macko, No. 9:21-cv-00131 (D.S.C. Dec. 8, 2021). Still, the court’s analysis is complicated by the fact that SafePort seeks the additional remedy of rescission in this action and does not assert that cause of action in the State Court Action. “[S]tate and federal claims arising out of th…
- Metromont Corp. v. Allan Myers, L.P., No. 1:18-cv-03928 (D. Md. July 19, 2019). See, e.g., New Beckley, 946 F.2d at 1074 (“Some factual overlap does not dictate that proceedings are parallel.”); Genet, 2011 WL 4632575 , at *4 (“While these claims obviously contain a common question of fact . . . they are not substanti…
- Charles v. nRosenberg v. Mark Lawrence, 849 F.3d 163 (4th Cir. 2017).published See, e.g., Chase Brexton, 411 F.3d at 464; New Beckley, 946 F.2d at 1074 (“[Sjome factual overlap does not dictate that proceedings are parallel.”).
- Ohio Valley Env't Coalition, Inc. v. Hobet Mining, LLC, 723 F. Supp. 2d 886 (S.D. W. Va. 2010).published (Because federal courts have a virtually unflagging obligation ... to exercise the jurisdiction given them the existence of proceedings in state court does not by itself preclude parallel proceedings in federal court.)
- Ohio Valley Env't Coalition, Inc. v. Hobet Mining, LLC, 717 F. Supp. 2d 541 (S.D. W. Va. 2010).published (Because federal courts have a virtually unflagging obligation ... to exercise the jurisdiction given them the existence of proceedings in state court does not by itself preclude parallel proceedings in federal court.)
- Gannett v. Clark, No. 01-2475 (4th Cir. Apr. 30, 2002).published See Al-Abood v. El-Shamari, 217 F.3d 225, 232-33 (4th Cir. 2000) (holding that claims were not parallel for Colorado River pur- poses where they were predicated on common underlying facts but involved separate issues); New Beckley, 946 F.2…
- Gannett Co. v. Clark Constr. Grp., Inc., 286 F.3d 737 (4th Cir. 2002).published See Al-Abood v. El-Shamari, 217 F.3d 225, 232-33 (4th Cir.2000) (holding that claims were not parallel for Colorado River purposes where they were predicated on common underlying facts but involved separate issues); New Beckley, 946 F.2d a…
- Wilmington Trust v. Nat'l Gen. Ins. Co., No. 1:21-cv-00207 (M.D.N.C. June 21, 2021). Cf. id. (“New Beckley seeks compensation in federal court and equitable relief in state court.
- Baker, No. 1:26-cv-00094 (D.S.C. Apr. 30, 2026).“substantially the same parties litigate substantially the same issues in different forums”
Show 79 more citing cases
- Thomas, No. 6:25-cv-13866 (D.S.C. Mar. 23, 2026).“substantially the same parties litigate substantially the same issues in different forums”
- McAllister, No. 4:25-cv-03769 (D.S.C. Feb. 27, 2026).“substantially the same parties litigate substantially the same issues in different forums”
- Perry, No. 1:24-cv-01080 (M.D.N.C. Feb. 18, 2026).Actions are parallel when “substantially the same parties litigate substantially the same issues in different forums.” vonRosenberg, 849 F.3d at 168 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 107…
- Kiya Cunningham v. Patricia Leaks Grant, No. 6:24-cv-02616 (D.S.C. Jan. 20, 2026).Corp. v. Int’l Union, United Mine Works of Am., 946 F.2d 1072, 1073 (4th Cir. 1991).
- Wilson, No. 4:25-cv-00108 (N.D. Okla. Dec. 15, 2025).The Tenth Circuit has stated that “[s]uits are parallel if substantially the same parties litigate substantially the same issues in different forums.” Id. (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.…
- Siemens Indus., Inc. v. Paynecrest Elec., Inc., No. 4:24-cv-01638 (E.D. Mo. Aug. 12, 2025).Co., 426 F.3d at 997 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991)). “[S]tate proceedings are parallel if they involve the same parties or if the same parties may be subje…
- Shields v. Linear Mortg. LLC, No. 8:23-cv-03267 (D. Md. July 14, 2025).As to the first condition, suits in state and federal court are parallel “if substantially the same parties litigate substantially the same issues in different forums.” vonRosenberg, 849 F.3d at 168 (quoting New Beckley Mining Corp. v. Int…
- Williams v. Stephen, No. 8:24-cv-01601 (D. Md. Oct. 23, 2024).State and federal suits are parallel if “substantially the same parties litigate substantially the same issues in different forums.” Id. (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th…
- Forloine v. Persily, 726 F. Supp. 3d 617 (S.D. W. Va. 2024).published“if substantially the same parties litigate substantially the same issues in different forums”
- Coots v. Twilla <i>et al. </i>, No. 1:22-cv-00625 (S.D. Ohio Mar. 21, 2024).And the actions must have “substantially the same parties litigat[ing] substantially the same issues.” Total Renal Care, Inc., 743 F. Supp.2d at 613–14 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d…
- Falwell, Jr. v. Liberty Univ., Inc., No. 6:23-cv-00011 (W.D. Va. July 31, 2023). “Suits are parallel if substantially the same parties litigate substantially the same issues in different forums”
- Glessner v. CharDan, LLC, No. 1:22-cv-03333, 2023 WL 4351331 (D. Md. July 5, 2023).State and federal suits are parallel only ‘if substantially the same parties litigate substantially the same issues in different forums.’” Id. at 168 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 10…
- Woie v. Blue-Grace Logistics, LLC, No. 3:22-cv-00637 (E.D. Va. Feb. 6, 2023).“State and federal suits are parallel only ‘if substantially the same parties litigate substantially the same issues in different forums.’” VonRosenberg, 849 F.3d at 168 12 (quoting New Beckley Mining Corp. v. Int'l Union, United Mine Work…
- Whitman Requardt & Assocs. L.L.P. v. ARGO Sys., LLC, No. 1:21-cv-02107 (D. Md. Dec. 21, 2021).Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991).
- Accohannock Indian Tribe v. Tyler, No. 1:21-cv-02550, 2021 WL 5909102 (D. Md. Dec. 14, 2021).“if substantially the same parties litigate substantially the same issues in different forums”
- Peters v. Frontiere, 568 F. Supp. 3d 1205 (D.N.M. 2021).published“substantially the same parties litigate substantially the same issues in different forums”
- Waskul v. Washtenaw Cnty. Cmty. Mental Health, No. 2:16-cv-10936 (E.D. Mich. Aug. 9, 2021).Ky. 2010) (“Suits are parallel if substantially the same parties litigate substantially the same issues.”) (quoting New Beckley Mining Corp. v. Int'l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir.1991)).
- Nautilus Ins. Co. v. World Wrecking & Scrap Salvage Servs., Inc., No. 4:20-cv-00264 (E.D. Mo. Mar. 24, 2021).“Suits are parallel” for purposes of a district court’s abstaining from hearing a declaratory judgment action due to pending state court litigation “if ‘substantially the same parties litigate substantially the same issues in different for…
- Russo v. Eastwood Constr. Partners LLC, No. 2:20-cv-04267 (D.S.C. Mar. 18, 2021).Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991).
- Nutramax Labs. Veterinary Sciences, Inc. v. Candioli S.r.l., No. 0:19-cv-01835 (D.S.C. Mar. 10, 2021).Corp. v. Int’l Union, United 4 Mine Workers of America, 946 F.2d 1072, 1073 (4th Cir. 1991).
- Knott v. Wexford Health Sources, Inc., No. 8:20-cv-02145 (D. Md. Mar. 4, 2021).They. involve “substantially the same ‘parties” litigating “substantially the same issues in different forums.” vonRosenberg, 849 F.3d at 168 (quoting New Beckley Mining Corp. v. Int'l Union, United Mine Workers of Am., 946 F.2d 1072, 1073…
- Raquinio v. Cnty. of Hawaii, No. 1:20-cv-00441 (D. Haw. Mar. 2, 2021).“Suits are parallel if substantially the same parties [are] litigat[ing] substantially the same issues in different forums.” Id. (citing New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 199…
- Repub. Vanguard Ins. Co. v. Russell, No. 2:20-cv-01317, 2021 WL 794464 (N.D. Ala. Mar. 2, 2021).“[s]uits are parallel if substantially the same parties litigate substantially the same issues in different forums”
- Crawford v. Dobbs, No. 6:20-cv-00065 (D.S.C. Feb. 4, 2021).Furthermore, “[s]uits are considered parallel if ‘substantially the same parties litigate substantially the same issues in different forums.’” Id. at 4 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d…
- Amco Ins. Co. v. Columbia Maint. Co., 510 F. Supp. 3d 836 (E.D. Mo. 2020).publishedCorp. v. Int'l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991).
- Eitel v. PNC Bank, NA, No. 3:20-cv-00012 (W.D. Ky. Nov. 24, 2020).Ky. 2010) citing New Beckley Mining Corp. v. Int'l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir.1991).
- Chesapeake Operating LLC v. CC Forbes LLC, No. 5:20-cv-00557, 2020 WL 6827798 (W.D. Okla. Nov. 20, 2020).The Tenth Circuit has stated that “[s]uits are parallel if substantially the same parties litigate substantially the same issues in different forums.” Id. (quoting New Beckley Mining Corp. v. Int'l Union, United Mine Workers of Am., 946 F.…
- Bell v. Am. Int'l Indus. Inc., No. 1:17-cv-00111 (M.D.N.C. Nov. 6, 2020).The Fourth Circuit also considers “the remedies sought and the issues raised.” See Chase Brexton Health Servs., Inc. v. Maryland, 411 F.3d 457 , 465 (4th Cir. 2005); New Beckley, 946 F.2d at 1074 (finding that denial of abstention may be w…
- Casa Blanca De Punta Mita v. Rayment, No. 4:19-cv-00188, 2020 WL 4208055 (N.D. Okla. July 22, 2020).The Tenth Circuit has stated that “[s]uits are parallel if substantially the same parties litigate substantially the same issues in different forums.” Id. (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.…
- Maharaj v. The Est. of Charles Howard Zimmerman, No. 1:18-cv-02998 (D. Md. Feb. 12, 2020).“State and federal suits are parallel only ‘if substantially the same parties litigate substantially the same issues in different forums.’” vonRosenberg, 849 F.3d at 168 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers…
- Golden v. Apple Inc, No. 6:19-cv-02557 (D.S.C. Jan. 27, 2020).(suits are considered parallel if “substantially the same parties litigate substantially the same issues in different forums” (citing LaDuke v. Burlington N. R.R., 879 F.2d 1556, 1559 (7th Cir. 1989)))
- Genesis Health Clubs of Midwest LLC v. 24 LLC, No. 4:19-cv-00785 (W.D. Mo. Jan. 24, 2020).Proceedings are parallel if “substantially the same parties litigate substantially the same issues in different forums.” Scottsdale Inc. Co. v. Detco Indus., Inc., 426 F.3d 994, 997 (8th Cir. 2005) (quoting New Beckley Mining Corp. v. Int’…
- Robinson v. Hutchinson, No. 6:19-cv-02831 (D.S.C. Jan. 14, 2020).Corp. v. Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991)).
- Maharaj v. The Est. of Charles Howard Zimmerman, 427 F. Supp. 3d 625 (D. Md. 2019).published“State and federal suits are parallel only ‘if substantially the same parties litigate substantially the same issues in different forums.’” vonRosenberg, 849 F.3d at 168 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers…
- Anderson v. Dennies, No. 6:19-cv-02747 (D.S.C. Nov. 26, 2019).Two federal actions are parallel “‘if substantially the same parties litigate substantially the same issues in different forums.’” vonRosenberg v. Lawrence, 849 F.3d 163, 168 (4th Cir. 2017) (quoting New Beckley Mining Corp. v. Int’l Union…
- Farmers Ins. Co. v. Winters, No. 4:18-cv-00904 (W.D. Mo. Jan. 2, 2019).Co., 426 F.3d at 997 (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991)).
- Zeng v. Marshall Univ., No. 3:17-cv-03008 (S.D. W. Va. Mar. 21, 2018).That is, “substantially the same parties litigate substantially the same issues in different forums.” vonRosenberg v. Lawrence, 849 F.3d 163, 168 (4th Cir .2017) (quoting New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am.,…
- Ambrosia Coal & Constr. Co. v. Pagés Morales, 368 F.3d 1320 (11th Cir. 2004).published
- Richmond, Fredericksburg & Potomac R.R. v. Forst, 4 F.3d 244 (4th Cir. 1993).published
- Fox v. Maulding, 16 F.3d 1079 (10th Cir. 1994).published
- Am. Tank Transp., Inc. v. First People's Cmty. Fed. Credit Union Paul C. Herring, 86 F.3d 1148 (1st Cir. 1996).unpublished
- Kawther Al-Abood, Individually & on Behalf of Her Minor Son, Mahmoud Al-Abood v. Nimat Mohammed Tayeb Elshamari, A/K/A Naimet Mohamed Al-Hiwaiz Hisham Abdul Malik El-Shamari, D/B/A Midcorp Assocs., Kawther Al-Abood, Individually & on Behalf of Her Minor Son, Mahmoud Al-Abood v. Nimat Mohammed Tayeb Elshamari, A/K/A Naimet Mohamed Al-Hiwaiz Hisham Abdul Malik El-Shamari, D/B/A Midcorp Assocs., 217 F.3d 225 (4th Cir. 2000).published
- Chase Brexton Health Servs., Inc. v. Maryland, 411 F.3d 457 (4th Cir. 2005).published
- Scottsdale Ins. Co. v. Detco Indus., Inc., 426 F.3d 994 (8th Cir. 2005).published
- Am. Tank Transp v. First Peoples Comm, No. 95-1303 (4th Cir. May 20, 1996).unpublished
- Copeland v. Copeland, No. 97-1665 (4th Cir. Feb. 6, 1998).unpublished
- Berrett v. Elmo, No. 98-2388 (4th Cir. Aug. 11, 1999).unpublished
- Martin v. Ball, 326 F. App'x 191 (4th Cir. 2009).unpublished
- Allstate Ins. v. Hechinger Co., 982 F. Supp. 1169 (E.D. Va. 1997).published
- Jackson Hewitt, Inc. v. J2 Fin. Servs., Inc., 901 F. Supp. 1061 (E.D. Va. 1995).published
- Skipper v. Hambleton Meadows Architectural Review Comm., 996 F. Supp. 478 (D. Md. 1998).published
- Kline v. Nationsbank of Virginia, N.A., 886 F. Supp. 1285 (E.D. Va. 1995).published
- Holland v. Hay, 840 F. Supp. 1091 (E.D. Va. 1994).published
- Beck v. CKD Praha Holding, A.S., 999 F. Supp. 652 (D. Md. 1998).published
- Cent. States Indus. Supply, Inc. v. McCullough, 218 F. Supp. 2d 1073 (N.D. Iowa 2002).published
- Nat'l Textiles LLC. v. Daugherty, 250 F. Supp. 2d 575 (M.D.N.C. 2003).published
- James River Ins. Co. v. Impact Strategies, Inc., 699 F. Supp. 2d 1086 (E.D. Mo. 2010).published
- Total Renal Care, Inc. v. Childers Oil Co., 743 F. Supp. 2d 609 (E.D. Ky. 2010).published
- Hunt v. Mortg. Elec. Reg., 522 F. Supp. 2d 749 (D.S.C. 2007).published
- Noell Crane Sys. GmbH v. Noell Crane & Serv., Inc., 677 F. Supp. 2d 852 (E.D. Va. 2009).published
- Al-Abood v. El-Shamari, 217 F.3d 225 (4th Cir. 2000).published
- Marcus v. Twp. of Abington, 38 F.3d 1367 (3d Cir. 1994).
- Dan Ryan Builders, Inc. v. Crystal Ridge Dev., Inc., 803 S.E.2d 519 (W. Va. 2017).published
- Woody's Restaurant, LLC v. Travelers Cas. Ins. Co. of Am., 980 F. Supp. 2d 785 (E.D. Ky. 2013).published
- Tucker W. McLaughlin v. United Virginia Bank, 955 F.2d 930 (4th Cir. 1992).published
- Sto Corp. v. Lancaster Homes, Inc., 11 F. App'x 182 (4th Cir. 2001).unpublished
- North Carolina Life & Accident & Health Ins. Guar. Ass'n v. Alcatel, 876 F. Supp. 748 (E.D.N.C. 1995).published
- Covance Labs., Inc. v. Orantes, 338 F. Supp. 2d 613 (D. Md. 2004).published
- Hazbun Escaf v. Rodriquez, 191 F. Supp. 2d 685 (E.D. Va. 2002).published
- Baseline Sports, Inc. v. Third Base Sports, 341 F. Supp. 2d 605 (E.D. Va. 2004).published
- Westwood v. Fronk, 177 F. Supp. 2d 536 (N.D. W. Va. 2001).published
- Cerit v. Cerit, 188 F. Supp. 2d 1239 (D. Haw. 2002).published
- Knight v. Mfrs. & Traders Trust Co., 84 F. Supp. 3d 436 (D. Md. 2015).published
- THI of New Mexico at Hobbs Ctr., LLC v. Patton, 851 F. Supp. 2d 1281 (D.N.M. 2011).published
- Smiley v. Arizona Beverages USA LLC, No. 1:23-cv-01107, 2024 WL 327044 (D. Md. Jan. 29, 2024).
- United States v. $16,761 in United States Currency, 636 F. Supp. 3d 574 (W.D.N.C. 2022).published
- Ballard, No. 4:24-cv-00626 (N.D. Okla. Jan. 16, 2026).
- Iski, No. 6:24-cv-00493 (E.D. Okla. Jan. 16, 2026).
- Dunn, No. 8:25-cv-01959 (D. Md. Aug. 14, 2026).
At page 1074 Distinguishing parallel proceedings based on factual overlap and remedies35 citing cases“a difference in remedies is a factor counseling denial of a motion to abstain.”
- Ayres, No. 3:25-cv-00096 (W.D. Va. July 17, 2026). (A difference in remedies is a factor counseling denial of a motion to abstain.)
- SafePort Ins. Co. v. Macko, No. 9:21-cv-00131 (D.S.C. Dec. 8, 2021). ([S]ome factual overlap does not dictate that proceedings are parallel.)
- Ferguson v. Erie Ins. Prop. & Cas. Co., No. 3:19-cv-00810 (S.D. W. Va. Apr. 9, 2020).([O]nly in the most extraordinary circumstances . . . may federal courts abstain from exercising jurisdiction in order to avoid piecemeal litigation.)
- Metromont Corp. v. Allan Myers, L.P., No. 1:18-cv-03928 (D. Md. July 19, 2019). (Some factual overlap does not dictate that proceedings are parallel.)
- Charles v. nRosenberg v. Mark Lawrence, 849 F.3d 163 (4th Cir. 2017).published ([Sjome factual overlap does not dictate that proceedings are parallel.)
- Gannett v. Clark, No. 01-2475 (4th Cir. Apr. 30, 2002).published (A differ- ence in remedies is a factor counseling denial of a motion to abstain.)
- Gannett Co. v. Clark Constr. Grp., Inc., 286 F.3d 737 (4th Cir. 2002).published (A difference in remedies is a factor counseling denial of a motion to abstain.)
- Wilmington Trust v. Nat'l Gen. Ins. Co., No. 1:21-cv-00207 (M.D.N.C. June 21, 2021). (New Beckley seeks compensation in federal court and equitable relief in state court. A difference in remedies is a factor counseling denial of a motion to abstain. The difference in remedies becomes more pronounced whe…)
- TitleMax of South Carolina, Inc. v. Wendy Spicher, No. 25-2027 (4th Cir. Aug. 5, 2026).publishedYounger Abstention and the OSC Proceeding We review the district court’s ultimate decision to abstain for abuse of discretion, New Beckley Mining Corp. v. International Union, United Mine Workers, 946 F.2d 1072, 1074 (4th Cir. 1991), but w…
- Falwell, Jr. v. Liberty Univ., Inc., No. 6:23-cv-00011 (W.D. Va. July 31, 2023). “Suits are parallel if substantially the same parties litigate substantially the same issues in different forums.” New Beckley Mining Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1073 (4th Cir. 1991).
Show 23 more citing cases
- Wilmington Trust v. Nat'l Gen. Ins. Co., No. 1:21-cv-00207 (M.D.N.C. Oct. 25, 2021).Corp. v. Int’l Union, United Mine Workers of Am., 946 F.2d 1072, 1074 (4th Cir. 1991)).5 Therefore, Plaintiffs’ amendment is neither prejudicial nor brought in bad faith to avoid the abstention doctrine.
- Nutramax Labs. Veterinary Sciences, Inc. v. Candioli S.r.l., No. 0:19-cv-01835 (D.S.C. Mar. 10, 2021).Corp. v. Int’l Union, United 4 Mine Workers of America, 946 F.2d 1072, 1073 (4th Cir. 1991).
- Bell v. Am. Int'l Indus. Inc., No. 1:17-cv-00111 (M.D.N.C. Nov. 6, 2020).(finding that denial of abstention may be warranted where “[t]he parties in both actions are virtually identical, but the issues raised and remedies sought are not)
- Richmond, Fredericksburg & Potomac R.R. v. Forst, 4 F.3d 244 (4th Cir. 1993).published
- Kawther Al-Abood, Individually & on Behalf of Her Minor Son, Mahmoud Al-Abood v. Nimat Mohammed Tayeb Elshamari, A/K/A Naimet Mohamed Al-Hiwaiz Hisham Abdul Malik El-Shamari, D/B/A Midcorp Assocs., Kawther Al-Abood, Individually & on Behalf of Her Minor Son, Mahmoud Al-Abood v. Nimat Mohammed Tayeb Elshamari, A/K/A Naimet Mohamed Al-Hiwaiz Hisham Abdul Malik El-Shamari, D/B/A Midcorp Assocs., 217 F.3d 225 (4th Cir. 2000).published
- Chase Brexton Health Servs., Inc. v. Maryland, 411 F.3d 457 (4th Cir. 2005).published
- Skipper v. Hambleton Meadows Architectural Review Comm., 996 F. Supp. 478 (D. Md. 1998).published
- Holland v. Hay, 840 F. Supp. 1091 (E.D. Va. 1994).published
- Cent. States Indus. Supply, Inc. v. McCullough, 218 F. Supp. 2d 1073 (N.D. Iowa 2002).published
- Al-Abood v. El-Shamari, 217 F.3d 225 (4th Cir. 2000).published
- Gerald Matiyasic v. Access Controls, Inc., 991 F.2d 790 (4th Cir. 1993).unpublished
- Gray v. Petoseed Co., No. 96-1859 (4th Cir. Nov. 18, 1997).unpublished
- Allied Nut & Bolt, Inc. v. NSS Indus., Inc., 920 F. Supp. 626 (E.D. Pa. 1996).published
- Extra Storage Space, LLC v. Maisel-Hollins Dev., Co., 527 F. Supp. 2d 462 (D. Md. 2007).published
- DDR Constr. Servs., Inc. v. Siemens Indus., Inc., 770 F. Supp. 2d 627 (S.D.N.Y. 2011).published
- E. Associated Coal Corp. v. Munson, 266 F. Supp. 2d 479 (N.D. W. Va. 2003).published
- Kingland Sys. Corp. v. Colonial Direct Fin. Grp., Inc., 188 F. Supp. 2d 1102 (N.D. Iowa 2002).published
- Ronald Kelly v. Maxum Specialty Ins. Grou, 868 F.3d 274 (3d Cir. 2017).published
- Marina One, Inc. v. Jones, 29 F. Supp. 3d 669 (E.D. Va. 2014).published
- Amex Assurance Co. v. Giordano, 925 F. Supp. 2d 733 (D. Md. 2013).published
- Tucker W. McLaughlin v. United Virginia Bank, 955 F.2d 930 (4th Cir. 1992).published
- Sto Corp. v. Lancaster Homes, Inc., 11 F. App'x 182 (4th Cir. 2001).unpublished
- Portfolio Advisors VIII, LLC v. Bluestone Resources, Inc., No. 5:20-cv-00493 (S.D. W. Va. Sept. 30, 2020).
v.
INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA Joe Carter Ken Peterson Virgil Pyatt Larry Flint Harvey Stover Robert Burdette Paul Daniels George \Tex\" Bailey Herman Stanley Ronnie Scarbro Robert \"Buck\" Tyree Ken Toler Roger McKinney John Does"
Lead Opinion
OPINION
BUTZNER, Senior Circuit Judge:New Beckley Mining Corporation sued the United Mine Workers of America[*1073] (UMWA) for injunctive relief in West Virginia state court charging violations of West Virginia laws, and it later filed a suit against the union in federal district court alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68 and West Virginia law. Relying on Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), the district court ruled that because of the state suit it should abstain from hearing the federal action and dismissed the case. We reverse primarily because the issues in the state suit differ significantly from those in the federal action.
I
New Beckley, a coal mining company located in West Virginia, employed miners represented by the UMWA. Soon after the UMWA instituted a selective strike against New Beckley, the mining company sought an injunction in the Circuit Court of Raleigh County, West Virginia. Upon joint motion of the parties, the court granted a temporary injunction designed to limit violence and harassment by both sides. New Beckley Mining Corp. v. Int’l Union, UMWA, Civ. No. 89-C-215 (Mar. 28, 1989). The court subsequently conducted additional hearings and amended the injunction.
New Beckley sued the UMWA in the United States District Court for the Southern District of West Virginia, alleging violations of RICO and West Virginia law governing interference with business relations and malicious destruction of property. New Beckley’s federal complaint enumerated instances of strike-related violence and destruction of property as predicate acts and sought damages for injuries New Beckley allegedly sustained as a result. In view of the pending litigation in the state court, the UMWA moved to dismiss the RICO action, asserting that the federal court should abstain.
After finding that the state and federal proceedings were substantially similar, the district court evaluated both actions in light of Colorado River, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483, and Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). The district court decided that the state and federal proceedings were parallel because both “arose from and relate to” the selective strike, both “seek to curb and eliminate unlawful violence,” and “both ... concern violations of West Virginia law.” New Beckley Mining Corp. v. Int’l Union, UMWA, Civ. No. 5:89-1542, slip op. at 2 (S.D.W.Va. Aug. 24, 1990). The court then considered the factors mentioned in Colorado River and Moses H. Cone, and concluded that it should surrender jurisdiction in favor of the state proceedings.
II
A district court has a duty to adjudicate a controversy properly before it: “Abstention from the exercise of federal jurisdiction is the exception, not the rule.” Colorado River, 424 U.S. at 813, 96 S.Ct. at 1244. The Court, however, has recognized that under exceptional circumstances a district court may abstain “for reasons of wise judicial administration.” 424 U.S. at 817-18, 96 S.Ct. at 1246. When a litigant urges abstention on the ground that concurrent federal and state suits present exceptional circumstances, the district court must first determine whether the state and federal proceedings are parallel. Suits are parallel if substantially the same parties litigate substantially the same issues in different forums. LaDuke v. Burlington N. R.R., 879 F.2d 1556, 1559 (7th Cir.1989). Because federal courts have a “virtually unflagging obligation ... to exercise the jurisdiction given them,” Colorado River, 424 U.S. at 817, 96 S.Ct. at 1246, the existence of proceedings in state court does not by itself preclude parallel proceedings in federal court. 424 U.S. at 818, 96 S.Ct. at 1246-47. The court must consider factors identified in Colorado River and Moses H. Cone to establish whether “exceptional circumstances” exist. The factors to be considered include the following: (a) the assumption by either court of jurisdiction over property; (b) the inconvenience of the[*1074] federal forum; (c) the desire to avoid piecemeal litigation; (d) the order in which the courts obtained jurisdiction; and (e) the source of applicable law. Moses H. Cone, 460 U.S. at 15-16, 23, 103 S.Ct. at 936-37, 941; Colorado River, 424 U.S. at 818, 96 S.Ct. at 1246-47. The Supreme Court has cautioned that “the decision whether to dismiss a federal action because of parallel statecourt litigation does not rest on a mechanical checklist, but on a careful balancing of the important factors as they apply in a given case, with the balance heavily weighted in favor of the exercise of jurisdiction.” Moses H. Cone, 460 U.S. at 16, 103 S.Ct. at 937.
We have emphasized that “[ojnly in the most extraordinary circumstances ... may federal courts abstain from exercising jurisdiction in order to avoid piecemeal litigation.” Gordon v. Luksch, 887 F.2d 496, 497 (4th Cir.1989). Similarly, other circuits have reversed district courts that failed to accord sufficient weight “to the heavy presumption favoring the exercise of jurisdiction.” Villa Marina Yacht Sales, Inc. v. Hatteras Yachts, 915 F.2d 7, 13 (1st Cir.1990); see also American Bankers Ins. Co. v. First State Ins. Co., 891 F.2d 882, 885 (11th Cir.1990); Bethlehem Contracting Co. v. Lehrer/McGovern, Inc., 800 F.2d 325, 327 (2d Cir.1986).
Ill
We review the district court’s decision to surrender jurisdiction for abuse of discretion. The district court must nevertheless exercise its discretion in accordance with the Colorado River “exceptional circumstances test.” Moses H. Cone, 460 U.S. at 19, 103 S.Ct. at 938.
The parties in both actions are virtually identical, but the issues raised and remedies sought are not. New Beckley seeks compensation in federal court and equitable relief in state court. A difference in remedies is a factor counseling denial of a motion to abstain. See A Pocono Country Place, Inc. v. Peterson, 675 F.Supp. 968, 972 (M.D.Pa.1987). The difference in remedies becomes more pronounced when one suit requires a jury and the other does not, and pleadings would require substantial amendment if the district court abstained. The order in which the courts obtained jurisdiction matters little, since New Beckley filed the suits in March and December of the same year.
Although both actions allege the UMWA’s responsibility for specific violent incidents associated with the selective strike, some factual overlap does not dictate that proceedings are parallel: “[T]he Colorado River doctrine does not give federal courts carte blanche to decline to hear cases within their jurisdiction merely because issues or factual disputes in those cases may be addressed in past or pending proceedings before state tribunals.” United States v. SCM Corp., 615 F.Supp. 411, 417 (D.Md.1985).
While both suits involve alleged violations of West Virginia criminal law, the federal action alleges predicate acts that violate the criminal laws of Kentucky and Virginia as well. The source of law factor militates in favor of retention of jurisdiction, since federal law provides the rule of decision on the merits of the RICO claim. See Moses H. Cone, 460 U.S. at 23-26, 103 S.Ct. at 941-42. The district court accorded significant weight to the fact that state and federal courts have concurrent jurisdiction over civil RICO claims. See Tafflin v. Levitt, 493 U.S. 455, 466-67, 110 S.Ct. 792, 799, 107 L.Ed.2d 887 (1990). While concurrent subject matter jurisdiction renders the source of law factor less important, see Moses H. Cone, 460 U.S. at 25, 103 S.Ct. at 941-42, it does not mandate that the district court surrender jurisdiction. See A Pocono Country Place, Inc., 675 F.Supp. at 972.
Because the issues in the two cases differ, and consequently the sources of law differ, the UMWA has not shown exceptional circumstances justifying abstention from the exercise of federal jurisdiction. The judgment of the district court is reversed, and the case is remanded for further proceedings consistent with this opinion.
Dissent
dissenting:
I respectfully dissent. In my view, the state and federal actions involved in this appeal are substantially parallel, and I would hold that the district court in abstaining did not abuse its discretion.