Summary
In O'Brien, suit was filed in federal court and later in state court against the same defendants arising out of the same facts. The defendants moved successfully for the dismissal of the federal suit.
Summary of this case from Hoover v. Livingston Par.Opinion
No. 2000-C-1925
September 29, 2000.
IN RE: Orleans Parish School Board etal; Ducote, Kenneth J.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. F, Nos. 96-881; to the Court of Appeal, Fourth Circuit, No. 99-C-2607.
Granted. There is no evidence the federal court clearly declined to exercise its pendent jurisdiction over plaintiff's state law abuse of process claims. Federal principles of res judicata therefore bar the instant state court suit. See Reeder v. Succession of Palmer, 623 So.2d 1268 (La. 1993). Accordingly, the judgment of the court of appeal, insofar as it finds plaintiff may proceed in state court on his claim for abuse of process, is reversed.
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KIMBALL, J., recused.
CALOGERO, C.J., would grant and docket.
LEMMON, J., would grant and docket.