United States Ninth Circuit

In a class action lawsuit against an insurance corporation challenging the sale of its fixed deferred annuities, an order, which effectively prevents defendant from proceeding with any settlement negotiations on similar class action claims raised in any other courts without permission from plaintiff's lead counsel, is reversed where: 1) in the context of the All Writs Act, there was no proper support for the district court's enjoining of proceedings in other courts; and 2) even if there were, the Anti-Injunction Act barred such injunction.

Appellate Information

• Argued 04/08/2008
• Decided 04/29/2008
• Published 04/29/2008

Judges

• FERNANDEZ, Circuit Judge:, Before:  HARRY PREGERSON, D.W. NELSON, and FERDINAND F. FERNANDEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Thomas J. Nolan, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA;  Sonia Escobio O'Donnell, Jorden Burt, LLP, Miami, FL, for the defendant-appellant., Francis J. Balint, Jr., Bonnett, Fairbourn, Friedman & Balint, PC, Phoenix, AZ, for the plaintiff-appellee.