United States Seventh Circuit

In a diversity action for declaratory relief and money damages related to defendant's refusal to defend and indemnify plaintiff in several underlying lawsuits, district court's grant of defendant's motion to dismiss is reversed and remanded where the court erred in dismissing the non-declaratory claims under the Wilton/Brillhart abstention doctrine and should have exercised its discretion under that doctrine to retain the declaratory claim, as the non-declaratory claims are independent of the declaratory claim since they could stand alone in federal court irrespective of the declaratory claim.

Appellate Information

• Argued 02/27/2009
• Decided 06/25/2009
• Published 06/25/2009

Judges

• MANION, Circuit Judge., Before MANION, ROVNER, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John B. Thomas, Hicks, Thomas, Houston, TX, Eric Grant (argued), Sacramento, CA, Bryan G. Schumann, Bollinger, Ruberry & Garvey, Chicago, IL, Plaintiffs-Appellants.


• For Appellees:
  
• Richard C. Godfrey (argued), Matthew T. Regan, Kirkland & Ellis, Chicago, IL, for Defendant-Appellee.