United States Ninth Circuit

In a challenge to the district court's decision to remand this declaratory judgment action, involving mortgage insurance issues and arbitration, to state court pursuant to its discretion under the Declaratory Judgment Act (DJA), 28 U.S.C. section 2201-2202, the district court's decision is reversed where the federal court’s jurisdiction was proper, and it was therefore required under the mandatory terms of the Federal Arbitration Act to consider defendant's motion before it remanded the suit pursuant to its discretion under the DJA.

Appellate Information

• Decided 06/15/2011
• Published 06/15/2011

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel