Garamendi

This case presents two questions: First, whether a remand order based on abstention is reviewable, and, if so, whether it can be reviewed on appeal, or only by a petition for a writ of mandamus. Second, and more importantly, we consider whether the Burford abstention doctrine allows a federal court to surrender jurisdiction to a state court in a case in which no equitable relief is sought.

The district court remanded this case to state court under the Burford abstention doctrine. Allstate filed a notice of appeal, which it requested be considered as a petition for a writ of mandamus if review by appeal was not available. Treating this action as an appeal, we reverse because abstention was inappropriate.

I

John Garamendi is the Insurance Commissioner (the “Commissioner”) of the State of California and the statutorily designated trustee for insolvent insurance companies. 1 This case arises out of the Commissioner’s efforts to liquidate the Mission Group of Insurance companies and recover reinsurance proceeds from several reinsurers, including Allstate Insurance Company (“Allstate”).

Between 1962 and 1985, Allstate and the Mission Insurance Group 2 entered into numerous…