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Wakaya Perfection, LLC v. Youngevity Int’l, Inc., 910 F.3d 1118 (10th Cir. 2018)

Dec 11, 2018

As a matter of first impression, the Tenth Circuit held that the Colorado River abstention doctrine does not apply to parallel cases pending in two federal forums, even if one of those cases had been removed from state court.  Instead, district courts analyzing abstention in that context should apply the “first-to-file” rule and consider, among other factors, the date on which the case was filed in state court.