RE:RE:RE:RE:RE:MSN FINANCIAL PRESS RELKEASE - U.S. FED COURT FAVORS IBC Utah, Mormons, ... and they are ruling here, resolution take time unfortunately...
intrigued wrote: Actually the judge did recognize that there would be "two parallel judicial proceedings".
He did indicate that factors favored Ucore but also said "it is not enough that the factors favoring deferral outnumber those opposed ( or neutral). Rather, the factors favoring deferral must themselves be exceptional."
"the court finds neither sufficiently "exceptional" circumstances nor the "clearest of justifications" that would warrant the "surrender" of this court's jurisdiction to resolve a case properly before it."
"At most, dual proceedings in Nova Scotia and this court pose a risk of duplicative effort and inconsistent outcomes." EXACTLY why two parallel judicial proceedings SHOULD NOT progress. What is going through this judge's head?
He continues "The circumstances here thus present little more than a "garden-variety example of two lawsuits proceeding concurrently in two courts." Id. at 556. If that were enough to support abstention, then such circumstances "would seemingly support abstention in every federal case that has a parallel state [ or here, foreign] case." EXACTLY.
How many court cases exist where there are a duplicity of cases occurring at the same time for the same circumstances? What a waste of resources and effort. Seems like the judge has a "I have authority and I am going to exercise it" complex.