Abstention Doctrine - State Court Abstention Doctrines

State Court Abstention Doctrines

No national rule requires state courts to abstain from hearing cases brought in federal courts or in courts of other states. But every state has some doctrine that lets its courts stay actions to avoid duplicative litigation.

Some states have doctrines that let state courts abstain from hearing cases already pending in other kinds of tribunals. For example, in Gavle v. Little Six, Inc., 555 N.W.2d 284 (Minn. 1996), the Minnesota Supreme Court upheld abstention where the state court might "undermine the authority of the tribal courts over Reservation affairs" or "infringe on the right of Indians to govern themselves".

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