United States Eighth Circuit

Dismissal of plaintiff's tort claims against defendants on grounds of res judicata and abstention is reversed where the district court erred in holding res judicata barred plaintiff's federal claims, and the factors considered in a decision to abstain did not constitute exceptional circumstances sufficient to excuse exercising jurisdiction.

Appellate Information

• Decided 03/10/2006
• Published 03/10/2006

Judges

• BYE, Circuit Judge., Before BYE, HEANEY, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• D.P. Marshall, Jr., argued, Jonesboro, AR (Brandon J. Harrison, Jonesboro, AR, and Timothy O. Dudley, Little Rock, AR, on the brief), for appellant.


• For Appellees:
  
• Michael Stephen Bingham, argued, Little Rock, AR, for appellee Stone Container., Bruce Munson and Brenna Ryan, Little Rock, AR, for appellee Turner Holdings., Gary Corum, Little Rock, AR, for appellee Portola Packaging., J. Cotten Cunningham, Little Rock, AR, for appellee Consolidated Container.