United States First Circuit

District court order issuing a preliminary injunction against proceedings pending before the Massachusetts Commission Against Discrimination on grounds that federal law preempted state law claims is reversed and remanded where preemption cannot be facially conclusive if it requires the district court's detailed analysis of a question of first impression, and thus the court was required to abstain from deciding the preemption issue.

Appellate Information

• Decided 07/08/2009
• Published 07/08/2009

Judges

• TASHIMA, Senior Circuit Judge., Before TORRUELLA, TASHIMA, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General of Massachusetts, was on brief, for appellants Malcolm S. Medley, Martin S. Ebel, Sunila Thomas-George, and Commonwealth of Massachusetts., Susan Fendell, Mental Health Legal Advisors Committee, for appellant Carolyn Calderon.


• For Appellees:
  
• Richard C. Van Nostrand, with whom Jessica H. Munyon and Mirick, O'Connell, DeMallie & Lougee, LLP, were on brief, for appellees.