United States Fifth Circuit

District court properly refused to enjoin state court lawsuit pursuant to the Anti-Injunction Act. The narrow "relitigation" exception to the general bar against federal courts enjoining state court proceedings is inapplicable because it is unclear that the issues in the state court litigation are identical to those previously litigated in an earlier federal lawsuit between the same parties, and if previously litigated issues indeed arise later, the state court is equally capable of applying state law res judicata principles.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Charles R. Minyard (argued), Law Offices of Charles Minyard, Lafayette, LA, for Plaintiffs-Appellants., Cheryl M. Kornick (argued), Joe B. Norman, Joseph Ignatius Giarrusso, III, Liskow & Lewis, New Orleans, LA, for Intervenors-Plaintiffs-Appellants., Paul Maclean, Houma, LA, pro se., Walter Patrick Maestri, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Atlantic Richfield Co.


• For Appellees:
  
• James P. Doherty, III (argued), Frederick law Firm. Lafayette, LA, Nancy Anne Miller, Law Office of Nancy A. Miller PC, Metairie, LA, for Defendants-Appellees.