Venetian Casino Resort, LLC v. Lehrer McGovern Bovis, Inc.

Good Law
56 F. App'x 795
United States Court of Appeals for the Ninth CircuitFebruary 13, 2003No. 02-16734; D.C. No. CV-99-00963-KJDCalifornia612 words

Opinion

Lead Opinion

MEMORANDUM AND ORDER ***

Venetian Casino Resort, LLC (“VCR”) files an interlocutory appeal from the district court’s July 25, 2002 order denying its motion to compel arbitration and to stay state court proceedings. We have jurisdiction, 28 U.S.C. § 1292 (a)(1), review for an abuse of discretion, Quackenbush v. Allstate Ins. Co., 121 F.3d 1372, 1377 (9th Cir.1997), and affirm.

The All Writs Act, 28 U.S.C. § 1651 , authorizes federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 *796 U.S.C. § 1651 . However, the Anti-Injunction Act provides that state proceedings may not be enjoined “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283 . The statutory exceptions are strictly construed. See Bennett v. Medtronic, Inc., 285 F.3d 801, 805-06 (9th Cir.2002). Any doubts “should be resolved in favor of permitting the state courts to proceed in an orderly fashion to finally determine the controversy.” Id. at 805 (quoting Atlantic Coast Line R.R. Co. v. Brotherhood of Locomotive…

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