Knudsen Corporation v. Nevada State Dairy Commission (1982)
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United States v. Peter Morros, and State of Nevada R. Michael Turnipseed Nevada Agency for Nuclear Projects (2001)
Co. v. City and County of San Francisco, 774 F.2d 1460, 1463 (9th Cir. 1985). 59 676 F.2d 374 (9th Cir. 1982). 60 Knudsen, 676 F.2d at 377. 61 See Hotel Employees and Restaurant Employees Int'l Union v. Nevada Gaming Comm'n, 984 F.2d 1507, 1512 (1993). 62 See Knudsen, 676 F.2d at 377 ("A federal court may postpone the exercise of its jurisdiction in cases presenting a federal constitutional issue which might be mooted or presented in a different posture by a state court dete…
"A federal court may postpone the exercise of its jurisdiction in cases presenting a federal constitutional issue which might be mooted or presented in a different posture by a state court determination of pertinent state law."
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Fleet Bank, National Ass'n v. Burke (1998)
See, e.g., United Services Automobile Ass’n v. Muir, 792 F.2d 356, 364 (3d Cir.1986); Federal Home Loan Bank Board v. Empie, 778 F.2d 1447 , 1451 n. 4 (10th Cir.1985) (preemption questions based only on the Supremacy Clause considered not to be “the type of constitutional issues” warranting Pullman abstention); Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982) (“[n]o constitutional issues of substance” presented by preemption claim).
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Fleet Bank, National Association v. Burke (1998)
See, e.g., United Services Automobile Ass'n v. Muir, 792 F.2d 356, 364 (3d Cir.1986); Federal Home Loan Bank Board v. Empie, 778 F.2d 1447 , 1451 n. 4 (10th Cir.1985) (preemption questions based only on the Supremacy Clause considered not to be "the type of constitutional issues" warranting Pullman abstention); Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982) ("[n]o constitutional issues of substance" presented by preemption claim). 25 Though …
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Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Three Children Beverly Harris Butler, Formerly … (1994)
Co., 703 F.2d at 377 (internal quotations omitted); accord Knudsen Corp., 676 F.2d at 377 ("One of the main principles served by the Pullman abstention doctrine is the avoidance of deciding constitutional issues.").
"One of the main principles served by the Pullman abstention doctrine is the avoidance of deciding constitutional issues."
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Hotel Employees and Restaurant Employees International Union John Wilhelm Donald M. Taylor Mark D. Atkinson v… (1993)
Knudsen, 676 F.2d at 377.
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J. Harlow Tucker Turf Village, Inc., an Arizona Corporation v. First Maryland Savings & Loan, Inc., a Marylan… (1991)
If the district court determines that Burford abstention is appropriate under the circumstances, dismissal rather than stay of the federal action is normally required. 1 See Burford, 319 U.S. at 334 , 63 S.Ct. at 1108 ; Knudsen, 676 F.2d at 377.
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United Services Automobile Ass'n v. Muir (1986)
Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982).
Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982).
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Llewellyn v. Crothers (1985)
See Mid-Cal Aluminum, 445 U.S. at 105 , 100 S.Ct. at 943 ; Knudsen Corp v. Nevada State Dairy Commission, 676 F.2d 374, 379 (9th Cir.1982); Turf Paradise, Inc. v. Arizona Downs, 670 F.2d 813, 822 (9th Cir.), cert. denied, 456 U.S. 1011 , 102 S.Ct. 2308 , 73 L.Ed.2d 1308 (1982).
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Llewellyn v. Crothers (1985)
See Mid-Cal Aluminum, 445 U.S. at 105 , 100 S.Ct. at 943 ; Knudsen Corp v. Nevada State Dairy Commission, 676 F.2d 374, 379 (9th Cir.1982); Turf Paradise, Inc. v. Arizona Downs, 670 F.2d 813, 822 (9th Cir.), cert. denied, 456 U.S. 1011 , 102 S.Ct. 2308 , 73 L.Ed.2d 1308 (1982).
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J-R Distributors, Inc. v. Kenneth Eikenberry, in His Official Capacity as Attorney General for the State of W… (1984)
See also Colorado River Water Conservation District v. United States, 424 U.S. at 814 , 96 S.Ct. at 1244 ; Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982).
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J-R Distributors, Inc. v. Eikenberry (1984)
See also Colorado River Water Conservation District v. United States, 424 U.S. at 814 , 96 S.Ct. at 1244 ; Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982).
Comm. v. Southern Railway, 341 U.S. 341 , 71 S.Ct. 762 , 95 L.Ed. 1002 (1951); Colorado River Water Conservation District, supra, 424 U.S. at 814-16, 96 S.Ct. at 1244-45; Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 376-77 (9 Cir.1982).
Comm. v. Southern Railway, 341 U.S. 341 , 71 S.Ct. 762 , 95 L.Ed. 1002 (1951); Colorado River Water Conservation District, supra, 424 U.S. at 814-16, 96 S.Ct. at 1244-45; Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 376-77 (9 Cir.1982). 9 Here, by contrast, the Maryland state courts do not stand in any special relationship of technical oversight or concentrated review to the educational certification process the way the Texas or Alabama resource review court…
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C-Y Development Company v. City Of Redlands (1983)
See, e.g., Ohio Bureau of Employment Services v. Hodory, 431 U.S. 471, 481 , 97 S.Ct. 1898, 1904 , 52 L.Ed.2d 513 (1977) ("abstention may eliminate or materially alter the constitutional issue presented"); Bellotti v. Baird, 428 U.S. 132, 146-47 , 96 S.Ct. 2857, 2865-2866 , 49 L.Ed.2d 844 (1976) ("abstention is appropriate where [deferral to the state courts] '... might avoid in whole or in part the necessity for federal constitutional adjudication, or at least materially ch…
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C-Y Development Co. v. City of Redlands (1983)
See, e.g., Ohio Bureau of Employment Services v. Hodory, 431 U.S. 471, 481 , 97 S.Ct. 1898, 1904 , 52 L.Ed.2d 513 (1977) (“abstention may eliminate or materially alter the constitutional issue presented”); Bellotti v. Baird, 428 U.S. 132, 146-47 , 96 S.Ct. 2857, 2865-2866 , 49 L.Ed.2d 844 (1976) (“abstention is appropriate where [deferral to the state courts] ‘. .. might avoid in whole or in part the necessity for federal constitutional adjudication, or at least materially c…
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United States v. State Water Resources Control Board (2019)
Under that doctrine, federal courts vested with jurisdiction may nonetheless 21 “decline to rule on an essentially local issue arising out of a complicated state regulatory scheme.” 22 Knudsen Corp. v. Nevada State Dairy Comm’n, 676 F.2d 374 , 376 (9th Cir. 1982) (citations omitted). 23 Application of Burford generally requires: 24 first, that the state has chosen to concentrate suits challenging the actions of the agency involved in a particular court; second, that federal …
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Fireman's Fund Insurance v. Garamendi (1992)
Tucker v. First Maryland Sav. & Loan, Inc., 942 F.2d 1401, 1405 (9th Cir.1991) (citing Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982)).
Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 376-378 (9th Cir. 1982).
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United States v. State Water Resources Control Board (2019)
The doctrine applies when: 7 first, that the state has chosen to concentrate suits challenging the actions of the agency involved in a particular court; second, that federal issues 8 could not be separated easily from complex state law issues with respect to which state courts might have special competence; and third, that federal 9 review might disrupt state efforts to establish a coherent policy. 10 Id. at 377.
“Its application generally requires first, that the state has chosen to concentrate suits challenging the action of the agency involved in a particular court; second, that federal issues could not be separated easily from complex state law issues to which state courts might have special competence; and third, that federal review might disrupt state efforts to establish a coherent policy.” Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982).
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Productions & Leasing v. Hotel Conquistador, Inc. (1983)
As stated in Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982): Its application generally requires first, that the state has chosen to concentrate suits challenging the actions of the agency involved in a particular court; second, that federal issues could not be separated easily from complex state law issues with respect to which state courts might have special competence; and third, that federal review might disrupt state efforts to establish…
See id.
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Harris v. Joint School District No. 241 (1994)
Co., 703 F.2d at 377 (internal quotations omitted); accord Knudsen Corp., 676 F.2d at 377 ("One of the main principles served by the Pullman abstention doctrine is the avoidance of deciding constitutional issues.”).
"One of the main principles served by the Pullman abstention doctrine is the avoidance of deciding constitutional issues.”
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Silberkleit v. Kantrowitz (1983)
Id. at 211; see Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 376-78 (9th Cir.1982). 2 Third, Younger abstention, see Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), is inappropriate because that doctrine is only applicable to federal actions which interfere with state criminal proceedings or civil proceedings brought to vindicate vital state interests.
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Sylvia Evans, Administrator of the Estate of Andrew Evans, Deceased, Plaintiff- Cross-Appellee v. City of Chi… (1982)
See Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir. 1982); Hanna v. Toner, 630 F.2d 442, 446 (6th Cir. 1980), cert. denied, 450 U.S. 919 , 101 S.Ct. 1365 , 67 L.Ed.2d 346 (1981). (3) Illinois has not created a public agency or special system of judicial review nor otherwise indicated that the matter in question requires specialized expertise.
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Evans v. City of Chicago (1982)
See Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir. 1982); Hanna v. Toner, 630 F.2d 442, 446 (6th Cir. 1980), cert. denied, 450 U.S. 919 , 101 S.Ct. 1365 , 67 L.Ed.2d 346 (1981). (3) Illinois has not created a public agency or special system of judicial review nor otherwise indicated that the matter in question requires specialized expertise.
Id. at 211; see Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374 , 376-78 (9th Cir.1982). 2 Third, Younger abstention, see Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), is inappropriate because that doctrine is only applicable to federal actions which interfere with state criminal proceedings or civil proceedings brought to vindicate vital state interests.
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Midkiff v. Tom (1983)
See Knudsen Corp., 676 F.2d at 377 ; International Brotherhood of Electrical Workers, 614 F.2d at 211 . 76 Hawaii has not created specialized courts to hear cases arising under the Act and the federal due process issue is not linked to complex state law issues.
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Midkiff v. Tom (1983)
See Knudsen Corp., 676 F.2d at 377 ; International Brotherhood of Electrical Workers, 614 F.2d at 211 .
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In re Jefferson County (2012)
See Knudsen Corp. v. Nevada State Dairy Comm’n, 676 F.2d 374 , 376 (9th Cir.1982); Carlson v. Attorney Registration and Disciplinary Comm’n of the State of Ill.
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League of United Latin American Citizens v. Wilson (1997)
See Knudsen Corp. v. Nevada State Dairy Comm'n, 676 F.2d 374 , 377 (9th Cir.1982). 14 .
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Natural Resources Defense Council v. Patterson (1992)
See Knudsen Corp. v. Nevada State Dairy Commission, 676 F.2d 374, 377 (9th Cir.1982) (Pullman), Tucker v. First Maryland Sav. & Loan, Inc., 942 F.2d 1401, 1405 (9th Cir.1991) (Burford). 6 .