Federal Abstention: Practice and Theory

Federal courts have a constitutional responsibility to hear cases that are properly brought before them; however, a substantial body of case law stands for the proposition that courts should occasionally refuse to exercise such jurisdiction under very particular circumstances. Navigating the “cunning passages and twisted corridors” of abstention doctrine requires, at the very least, a basic understanding of those situations.

In this course, a cursory review of the foundational law will lead to an in-depth examination of how courts treat abstention doctrine under different circumstances. This is an area of law where slight nuances are the difference between success and failure, and where one fact can make the difference between a motion granted and motion denied. Considering that U.S. Courts of Appeal are fond of reversing district judges who choose to abstain, practitioners must carefully steer through the often uncharted channels of federal practice, replete with conflicting decisions and cryptic dicta, to avoid unsavory—and expensive—appeals. This course aims to provide attendees with the tools to confront abstention issues, preparing practitioners for pending or potential dates in federal court. 

Learning Objectives:

I.      Review and analyze the fundamental statutory and case law surrounding federal abstention

II.     Examine individual cases from district courts and courts of appeal from around the U.S. 

III.    Grasp the scope of various abstention doctrines 

IV.    Understand the circumstances under which abstention is appropriate

V.     Recognize reasons why courts of appeal often reverse district courts in abstention decisions 

VI.    Avoid reversal following a decision in your favor

VII.   Reflect upon the soundness of abstention doctrine