E. Cornell Malone Corp. v. Sisters of the Holy Family
E. Cornell Malone Corp. v. Sisters of the Holy Family
Opinion of the Court
ORDER AND REASONS
Before the Court is the Motion to Sever and Stay
J. Background
A. Factual Background
This case arises from a dispute regarding a construction project for a new St. Mary’s Academy Permanent High School Campus, located in New Orleans, Louisiana.
For the construction project, Western Surety Company (“Western”) and Safeco Insurance Company of America (“Safeco”), as sureties to S & P, issued a $31,800,000.00 payment bond (hereinafter, the “payment bond”), obligating themselves to pay S & P’s debts with respect to work on the project.
B. Procedural Background
1. Procedural Background in State Court
On June 22, 2011, Gootee Construction, Inc. filed suit against St. Mary’s in the CDC in a matter entitled Gootee Construction, Inc. v. St. Mary’s Academy of the Holy Family (hereinafter, the “Gootee Suit”). The Gootee Suit arises out of the same construction project that is the subject of this litigation, generally involving claims against St. Mary’s for job cost overruns and other non-payment issues. St. Mary’s filed a Third Party Demand in the Gootee Suit against S & P for breach of contract and other causes of action. Thereafter, in September of 2011, S & P filed suit against GOHSEP, St. Mary’s, Three Fold Consultants, LLC (“Three Fold”), and Rozas-Ward/A.I.A Architects, Inc. (“Rozas-Ward”) in the 19th Judicial District Court, East Baton Rouge Parish, for work done on the construction project (hereinafter, the “S & P suit”).
2. Procedural Background in Federal Court
On February 25, 2011, Malone “filed and recorded with the Clerk of Court and Recorder of Mortgages for the Parish of Orleans, an Affidavit and Sworn Statement of Amount Due and Statement of Claim or Privilege,” thereby creating a lien and privilege on the property where Malone performed the roofing work on the construction project.
On February 6, 2012, Malone filed suit against defendants St. Mary’s, Western, and Safeco in the Eastern District of Louisiana.
Western and Safeco filed a Motion to Dismiss, Alternatively to Stay Proceedings
On March 30, 2012, St. Mary’s filed its answer, asserting a third party demand against S & P and cross claims against Western and Safeco.
On June 21, 2012, S & P answered the third party demand filed by St. Mary’s and asserted counterclaims alleging, among other things, failure to pay for work performed and delays caused, breach of contract, and maladministration of the construction project.
3. Procedural Background Subsequent to Submission of the Instant Motion
On September 4, 2012, the Court consolidated Civil Action No. 12-0361 (hereinaf
II. Parties’Arguments
A. Motion to Sever
St. Mary’s argues that severance is governed by Federal Rule of Civil Procedure 21, which provides that any claim against a party may be severed and proceeded with separately. St. Mary’s contends that this Court has broad discretion to sever claims based on the United States Court of Appeals for the Fifth Circuit’s ruling in Brunet v. United Gas Pipeline, Co.
(1) Whether the claim arose out of the same transaction or occurrence; (2) whether the claims present common questions of law or fact; (3) whether settlement or judicial economy would be promoted; (4) whether prejudice would be averted by severance; and, (5) whether different witnesses and documentary proof are required for separate claims.47
However, according to St. Mary’s, “severance is mandated where ‘different injuries, different damages, different defensive postures and other individualized facts will be so dissimilar as to make the management of the case [joined] under Rule 20 imprac
First, St. Mary’s avers that S & P’s claims do not arise out of the same transaction or occurrence as Malone’s limited payment bond claims or St. Mary’s indemnification claims. Second, S & P’s claims include demands for non-payment, so the analysis will include different questions of fact and law than the adjudication of Malone’s payment bond claims and St. Mary’s limited indemnification claim. Third, St. Mary’s will suffer undue prejudice if forced to defend itself in a single trial against multiple claims involving different factual scenarios. Finally, St. Mary’s contends that different witnesses and documentary proof would also be required if S & P’s claims are not severed. Thus, the sheer volume of evidence may lead to jury confusion.
In the Opposition to Motion to Sever and Stay,
S & P and St. Mary’s agree on the five factors a court should consider when determining whether a claim should be severed,
S & P avers that the instant matter is nearly identical to Xavier, because: (1) the principal demand on the payment bond and S & P’s counterclaims are based upon St. Mary’s alleged failure to pay for the work performed on the construction project; (2) the indemnity provision will only be triggered when St. Mary’s is found liable to Malone; (3) the claims arise out of the same transaction or occurrence and have common questions of fact and law; (4) the witnesses and evidence in the demands would be the same; and St. Mary’s is a defendant in the lawsuit regardless of whether S & P’s counterclaims are severed.
In reply,
Second, S & P relies on Pepper v. SRO Concerts, Inc.,
According to S & P, the principal claim Malone asserts against St. Mary’s is based upon St. Mary’s failure to pay for work performed by S & P and Malone; whereas the incidental claim St. Mary’s asserts against S & P is based upon S & P’s purported faulty and untimely work, and the incidental claims S & P asserts against St. Mary’s are based on St. Mary’s nonpayment for that work performed by S & P and its subcontractors.
In reply, St. Mary’s argues that this legal malpractice case from the Southern District of New York is “wholly unrelated and has no bearing on the instant case.”
B. Motion to Stay
St. Mary’s argues that a “district court has the inherent power to ‘control the disposition of cases on its docket with economy of time and effort for itself, for counsel, and for litigants,’”
St. Mary’s contends that a stay is appropriate in this case for two reasons: (1) the similarity of the actions in this Court and
In opposition to the instant motion, S & P relies heavily on this Court’s earlier decision in this case to deny Western and Safeco’s Motion to Stay St. Mary’s claims for indemnification.
[Generally ... the pendency of an action in the state court is no bar to the proceedings concerning the same matter in the Federal court having jurisdiction. ... [Ojnly under truly exceptional circumstances may federal courts stay a case out of deference to the pending state court proceedings.... [A] court’s discretion is heavily weighted in favor of exercising jurisdiction.85
S & P contends that exceptional circumstances do not exist here based on the six factors set forth in Stewart v. Western Heritage Insurance Co.
(1) Assumption by either state or federal court over a res; (2) relative inconvenience of the forum; (3) avoidance of piecemeal litigation; (4) order in which jurisdiction was obtained by the concurrent forum; (5) to what extent federal law provides the rules of decision on the merits; and (6) the adequacy of the state proceedings in protecting the rights of the party invoking federal jurisdiction.87
S & P explains that Stewart instructs this Court to carefully balance the important factors in a given case, and heavily weight the balance in favor of exercising jurisdiction.
S & P argues that the first four factors weigh in favor of exercising jurisdiction.
S & P notes that the fifth and sixth factors are, at best, “neutral.”
In reply, St. Mary’s agrees that “exceptional circumstances”
In addition to arguing that the aforementioned factors weigh in favor of enter
III. Law and Analysis
A. Motion to Sever
1. Legal Standard
Motions to sever are governed by Federal Rule of Civil Procedure 21, which provides that “any claim against a party may be severed and proceeded with separately.”
2. Analysis
Application of the factors in the instant case reveals that severance is appropriate. First, the Court considers whether S & P’s claims arose out of the same transaction or occurrence. The Court does not find it appropriate to interpret the “transaction or occurrence” the claims arise out of as the entire scope of the construction project, as S & P would have the Court do. Such an interpretation, in a case involving a construction project of such magnitude and involving so many components and parties, could yield completely unmanageable litigation.
Malone filed this suit to recover payment under the terms of the payment bond issued in connection with the construction project and caused a lien and privilege to be filed and recorded on the immovable property owned by St. Mary’s pursuant to La.Rev.Stat. § 9:4802.
Although there may be some overlap, Malone’s principal claim and S & P’s incidental claims will present very different questions of law and fact. To succeed in its claims, Malone will have to demonstrate, among other things, that it followed the proper procedures in acquiring and perfecting the lien and privilege, that it performed the alleged work, and the value of that work. Litigating the principal claims and indemnification arising out of the payment bond will not require the litigation of the complex contractual and extensive factual issues arising out of the construction project, which must be addressed in the ongoing CDC ligation. If S & P is permitted to proceed with its claims numerous other questions of law and fact, unrelated to Malone, will have to be decided, including questions pertaining to breach of contract, improper administration of funds and contracts, and delay in the work performed. Therefore, the second factor also weighs in favor of severance.
Settlement or judicial economy will not be promoted by allowing the claims to proceed in one lawsuit here in federal court, and therefore the third factor weighs in favor of severance. S & P’s claims not only introduce additional causes of action to the instant matter, but also incorporate two additional parties, RozasWard and Three Fold. Furthermore, if S & P’s claims are not severed St. Mary’s will have to amend its complaint to allege substantive claims against, at least, nine additional subcontractors. Permitting S & P’s claims to remain joined will significantly impede the timely adjudication of Ma
Severance would avert prejudice to Malone and St. Mary’s. Malone is not a party to the parallel actions in state court, and is not involved with S & P’s claims against St. Mary’s. Additionally, St. Mary’s would be prejudiced by the need to amend its complaint and litigate against no less than nine additional parties in a lawsuit that originally involved a discreet claim to recover under a payment bond. Severance prevents S & P from essentially hijacking Malone’s lawsuit in order to pull numerous additional claims and parties into federal court, which would have been confined to the CDC by the forum selection clause contained in the contract between St. Mary’s and S & P.
The final factor, regarding whether the claim would require different witnesses and documentary evidence, also seems to weigh in favor of severance. It appears to this Court that the additional causes of action S & P’s claims introduce would require different witnesses and documentary evidence. No evidence has been brought to the Court’s attention that would warrant a finding that the same evidence supporting Malone’s payment bond claim would support S & P’s claims against St. Mary’s, Rozas-Ward, and Three Fold.
The Court is not persuaded by S & P’s argument that this case is nearly identical to Xavier, and therefore severance should be denied here as it was in Xavier. However, Xavier, which did not involve a parallel state court action or a forum selection clause, is clearly distinguishable from the instant case. S & P could not bring the claims it now seeks to assert in federal court initially, because the federal suit was prohibited by the forum selection clause in the contract between St. Mary’s and S & P. S & P now seeks to use Malone’s claim and St. Mary’s demand for indemnification to avoid its forum selection clause. Therefore, the Court declines to apply the reasoning set forth in Xavier to the instant matter.
Considering that all five factors seem to weigh in favor of severance and the broad discretion afforded this Court in severing claims, the Court finds that severance of S & P’s claims is warranted.
B. Motion to Stay Severed Claims
1. Legal Standard
There is no question that a district court has inherent power to “control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants,”
In Colorado River Water Conservation District v. United States,
(1) assumption by either state or federal court over a res; (2) relative inconvenience of the forum; (3) avoidance of piecemeal litigation; (4) order in which jurisdiction was obtained by the concurrent forum; (5) to what extent federal law provides the rules of decision on the merits; and (6) the adequacy of the state proceedings in protecting the rights of the party invoking federal jurisdiction.129
Before the Court can even consider whether exceptional circumstances exist, the Court must first satisfy itself that the proceedings are parallel.
2. Analysis
The Court is convinced that S & P’s counterclaims currently pending against St. Mary’s in the instant suit are parallel .to those claims pending in the CDC. Neither St. Mary’s nor S & P argues that S & P’s claims in the instant suit are different from those pending in the CDC. Indeed, S & P has itself previously sought a stay of these proceedings arguing that the lawsuit in the CDC “arises out of the same facts as the instant lawsuit.”
The first and second factors weigh in favor of declining to enter a stay in this matter. The fact that no property has been attached in this proceeding or the state court proceeding weighs against entering a stay. The Fifth Circuit explicitly rejected the contention that the absence of this factor is a neutral item in Evanston Ins. Co. v. Jimco, Inc.
As to the third factor, “Colorado River prevents ‘piecemeal litigation, and the concomitant danger of inconsistent rulings with respect to a piece of property.’”
The fourth factor — order in which jurisdiction was obtained by the concurrent forum — favors staying the severed claims. 5 & P filed its state court suit in September of 2011; whereas the instant lawsuit was not filed until February 6, 2012, and S 6 P was not named in the suit until March 30, 2012. Nearly identical discovery in both cases with respect S & P’s claims against St. Mary’s has occurred in both suits. In Murphy, the Fifth Circuit found this factor to weigh against entering a stay when the claims proceeded beyond the filing of a complaint and the suits were proceeding at the same pace.
The Fifth Circuit has instructed that “[t]he presence of a federal law issue must always be a major consideration weighing against surrender of jurisdiction, but the presence of state law issues weighs in favor of surrender only in rare circumstances.”
The final consideration, the adequacy of state proceedings in protecting the rights of the party invoking federal jurisdiction, can only be “a neutral factor or one that weighs against, not for, abstention.”
The third, fourth, and fifth factors weigh in favor of granting the motion to stay S & P’s claims, while the first and second factors do not favor a stay and the sixth factor is neutral. However, the Fifth Circuit counseled against treating the factors as a “mechanical checklist.”
IV. Conclusion
For the foregoing reasons,
IT IS HEREBY ORDERED that St. Mary’s Motion to Sever and Stay
. Rec. Doc. 45.
. St. Mary’s was incorrectly named as Sisters of the Holy Family, St. Mary’s Academy of the Holy Family.
. Specifically, the Court will sever and stay the claims asserted by S & P in its Answer to Third-Party Demand and Counterclaim. See Rec. Doc. 37.
. Rec. Doc. 1 at ¶ 7.
. Id. at ¶ 8; Rec. Doc. 23 at p. 3.
. Rec. Doc. 9-2 at p. 2.
. Id.
. Rec. Doc. 1 at ¶ 9; Rec. Doc. 19-3; Rec. Doc. 23 at pp. 3-4.
. Rec. Doc. 1 at ¶ 10; Rec. Doc. 23 at p. 4.
. Rec. Doc. 1 at ¶ 11. See also Rec. Doc. 23 at p. 4 (“The fact that Malone’s work conformed to the requirements of the plans, specifications, and contract documents is evidenced by the fact that the construction project was accepted as complete by the Owner. In fact, the Defendants herein do not allege
. Rec. Doc. 1 at ¶¶ 12-13. See also Rec. Doc. 23 at p. 4.
. Rec. Doc. 9-4 atp. 1.
. Rec. Doc. 1 at ¶ 15; Rec. Doc. 19-1; Rec. Doc. 23 atpp. 4-5.
. Rec. Doc. 1 at ¶ 16; Rec. Doc. 19-2; Rec. Doc. 23 at p. 5.
.Rec. Doc. 1.
. Id. at ¶ 17.
. Id. at ¶ 18.
. La.Rev.Stat. § 9:4801, et seq.
. La. Civ.Code art. 3035, et seq.
. Rec. Doc. 23 at p. 5.
. Rec. Doc. 19.
. Rec. Doc. 22.
. Rec. Doc. 9.
. Rec. Doc. 33.
. Rec. Doc. 12.
. Id. at ¶¶ 32-36.
. Id. at ¶¶ 48-50.
. Rec. Doc. 29.
. Rec. Doc. 30.
. Rec. Doc. 34.
. Rec. Doc. 33.
. Rec. Doc. 37.
. Rec. Doc. 40.
. Rec. Doc. 45. On August 7, 2012, the Court denied St. Mary’s Motion to Expedite hearing of the Motion to Sever and Stay S & P’s counterclaims, but provided that the Court would amend the Scheduling Order to allow all amendments to pleadings, third-party actions, crossclaims, and counterclaims to be filed within fourteen days of the Court’s ruling on the instant motion. See Rec. Doc. 48.
. Rec. Doc. 61.
. Rec. Doc. 67.
. Rec. Doc. 68.
. Civil Action No. 12-0361, Rec. Doc. 1.
. Rec. Doc. 72.
. Rec. Doc. 75.
. Rec. Doc. 97.
. Rec. Doc. 111.
. Rec. Docs. 103, 104, 105.
. Rec. Doc. 106.
. 15 F.3d 500, 505 (5th Cir. 1994).
. United States v. O’Neil, 709 F.2d 361, 369 (5th Cir. 1983).
. Rec. Doc. 45-1 at p. 4 (citing Vaz v. Allstate Prop. & Cas. Co., No. 1:06CV481, 2006 WL 2583733, at *1 (S.D.Miss. Sept. 6, 2006)).
. Rec. Doc. 45-1 at p. 4 (quoting Pittman v. Purdue Pharma. Co., No. 3:03cv152BN, 2004 U.S. Dist. LEXIS 9840, at *16 (S.D.Miss. Mar. 12, 2004)).
. St. Mary’s cites Bailey v. N. Trust Co., 196 F.R.D. 513, 518 (N.D.Ill. 2000), for the proposition that severance is warranted if joinder will lead to jury confusion.
. Rec. Doc. 61.
. Id. atp. 3.
. Id. (citing Corkern v. Hammond City, No. 11-1828, 2012 WL 2597561, at *2 (E.D.La. July 5, 2012) (Milazzo, J.) (citing Acevedo v. Allsup’s Convenience Stores, Inc., 600 F.3d 516, 521 (5th Cir. 2010)) (explaining that joinder of plaintiffs is permissible under Rule 20 when the claims arise out of the same transaction, occurrence, or series of transactions or occurrences, and when there is a at least one common question of law or fact linking all claims)).
. 2012 WL 2597561.
. Id. at p. 4 (quoting 2012 WL 2597561, at *2 (citing United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 724, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966))).
. Id. (citing Kreger v. General Steel Corp., No. 07-575, 2011 WL 1594839, at *2 (E.D.La. Apr. 25, 2011) (Berrigan, J.)).
. Nos. 06-491, 06-7084, 2008 WL 4862549 (E.D.La. Sept. 23, 2008) (Zainey, J.).
. Id. at *3-4.
. Rec. Doc. 61 atp. 6.
. Id.
. Rec. Doc. 67.
. Id. atp. 2.
. Id.
. Id.
. Id.
. Id.
. Id. at p. 3.
. Id..
. Id.
. No. 90 Civ. 5902, 1992 WL 37091 (S.D.N.Y. Feb. 24, 1992).
. Rec. Doc. 61 atp. 6.
. Id. at 7.
. Rec. Doc. 61 at p. 7.
. Id.
. Id.
. Rec. Doc. 67 at p. 2.
. Landis v. N. Am. Co., 299 U.S. 248, 254, 57 S.Ct. 163, 81 L.Ed. 153 (1936).
. Rec. Doc. 45-1 at p. 5 (citing Colo. River Water Conservation Dist. v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976); Am. Guar. & Liab. Ins. Co. v. Anco Insulations, Inc., 408 F.3d 248, 250-51 (5th Cir. 2005); see also In re Ramu Corp., 903 F.2d 312, 318 (5th Cir. 1990)).
. United States v. Kordel, 397 U.S. 1, 12 n. 27, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970). See also Mayo v. Tri-Bell Indus., 787 F.2d 1007, 1012 (5th Cir. 1986).
. Rec. Doc. 45-1 at p. 6.
. Id. The claims S & P asserts against Western and Safeco in this suit are also pending in state court. In fact, Western and Safeco already sought a stay of those claims on May 23, 2012. See Rec. Doc. 9.
. Rec. Doc. 45-1 at p. 6 (citing Exs. C & D).
. Id. (indicating St. Mary’s would request leave to amend its complaint to include at least nine new parties, all of whom are parties in the CDC proceedings).
. Id. at p. 7.
. Rec. Doc. 61 at p. 8 (citing Mot. to Stay, Rec. Doc. 9; Order & Reasons, Rec. Doc. 33).
. Id.
. 438 F.3d 488 (5th Cir. 2006).
. Id. at 491.
. Rec. Doc. 61 at p. 9 (citing 438 F.3d at 492).
. Id.
. Id.
. Id.
. Id. (citing Stewart, 438 F.3d at 492).
. Id.
. Id. at p. 10.
. Id. (citing Stewart, 438 F.3d at 493).
. Id.
. Id.
. Id.
. Rec. Doc. 67 at p. 5 (quoting Stewart, 438 F.3d at 491).
. Id. at p. 6.
. Id. The instant suit was filed on February 6, 2012, but S & P was not a party until March 30, 2012.
. Rec. Doc. 67 at p. 6.
. Id.
. Id.
. Id. at p. 4 (citing Rec. Doc. 27-3).
. Id.
. Id.
. Fed.R.Civ.P. 21.
. Brunet, 15 F.3d at 505.
. Acevedo, 600 F.3d at 520 (citing Jolley v. Welch, 904 F.2d 988, 994 (5th Cir. 1990)).
. Id. at 521.
. O’Neil, 709 F.2d at 369.
. Vaz, 2006 WL 2583733, at *1 (citing Morris v. Northrop Grumman Corp., 37 F.Supp.2d 556, 580 (S.D.N.Y. 1999)); Corkern, 2012 WL 2597561, at *2 (citing Kreger, 2011 WL 1594839, at *2).
. Acevedo, 600 F.3d at 521 (citations omitted). Even when the test for joinder is satisfied, district courts have the discretion to refuse joinder in the interest of avoiding prejudice and delay. Id. (citing Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995)).
. Although the payment bond was issued to S & P, Malone did not initially name S & P. See Rec. Doc. 45-1 at p. 2.
. Rec. Doc. 12 at ¶ 39.
. See Rec. Doc. 37. See also Rec. Doc. 67 atp. 3.
. Although not ruling on other pending motions at this time, the Court notes that if S & P’s claims are not severed, the Court will need to permit the additional crossclaims and third-party complaints filed to remain. See Rec. Docs. 97; 106-1 at p. 2. Therefore, Western and Safeco would proceed with an unrelated crossclaim against St. Mary’s, and Rozas-Ward would likely proceed with claims against four additional parties. Id.
. Rec. Doc 45-1 at p. 3 (citing S & P's Contract, id. Ex. E at p. 5).
. Answer to Third-Party Demand and Countered., Rec. Doc. 37.
. St. Mary’s moved to stay S & P's counterclaims against St. Mary’s for non-payment, delay damages, breach of contract, and maladministration of the project. See Rec. Doc. 37 at pp. 3-8.
. Landis v. N. Am. Co., 299 U.S. 248, 254, 57 S.Ct. 163, 81 L.Ed. 153 (1936).
. In re Ramu Corp., 903 F.2d 312, 318 (5th Cir. 1990).
. United States v. Kordel, 397 U.S. 1, 12 n. 27, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970); see also Mayo v. Tri-Bell Indus., 787 F.2d 1007, 1012 (5th Cir. 1986).
. 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976).
. Id. at 817, 96 S.Ct. 1236.
. Cnty. of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 188-89, 79 S.Ct. 1060, 3 L.Ed.2d 1163 (1959). See also Stewart v. Western Heritage Ins. Co., 438 F.3d 488, 492-93 (5th Cir. 2006); Mahbod v. New York Life Ins. Co., No. 05-3266, 2006 WL 2513423 (E.D.La. Aug. 25, 2006) (Fallon, J.).
. Stewart, 438 F.3d at 492.
. Id. at 491.
. Hartford Accident & Indem. Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
. Am. Guarantee & Liab. Ins. Co. v. Anco Insulations, Inc., 408 F.3d 248, 251 (5th Cir. 2005).
. Rec. Doc. 30-3 at p. 3.
. Rec. Doc. 45-1 atp. 3.
. Id. (citing Exs. C, D).
. See Rec. Doc. 61 at p. 8; Rec. Doc. 67 at p. 5 n. 15.
. 844 F.2d 1185, 1191 (5th Cir. 1988); see also Stewart, 438 F.3d at 492.
. See Murphy’s v. Uncle Ben’s, Inc., 168 F.3d 734, 738 (5th Cir. 1999) (finding that when both courts are in the same geographical area the inconvenience factor weighs against abstention).
. Stewart, 438 F.3d at 492 (quoting Black Sea Inv. v. United Heritage Corp., 204 F.3d 647, 650-51 (5th Cir. 2000)).
. Rec. Doc. 61 at p. 9.
. 168 F.3d at 738-39.
. See Rec. Doc. 45-6 at p. 2.
. See Rec. Doc. 45-3.
. Evanston, 844 F.2d at 1193 (internal quotations omitted) (citing Moses H. Cone, 460 U.S. at 26, 103 S.Ct. 927).
. Id. at 1193.
. Stewart, 438 F.3d at 491.
. Id. (emphasis added).
. Rec. Doc. 45.
Reference
- Full Case Name
- E. CORNELL MALONE CORP. v. SISTERS OF THE HOLY FAMILY, ST. MARY'S ACADEMY OF THE HOLY FAMILY, Western Surety Company, and Safeco Insurance Company of America
- Cited By
- 11 cases
- Status
- Published