Federal Abstention: Burford Abstention | Practical Law

Federal Abstention: Burford Abstention | Practical Law

A Practice Note explaining key considerations for counsel asking a federal court to decline hearing a case in deference to certain state administrative schemes, processes, or policy interests (known as Burford abstention). This Note examines the scope of Burford abstention and the factors federal courts consider when deciding whether to abstain under Burford. It also explains the scope of the related Thibodaux abstention doctrine, which permits a federal court to abstain from hearing a diversity action if state law is unclear and the case impacts a substantial state policy interest.

Federal Abstention: Burford Abstention

Practical Law Practice Note w-029-8061 (Approx. 15 pages)

Federal Abstention: Burford Abstention

by Practical Law Litigation
MaintainedUSA (National/Federal)
A Practice Note explaining key considerations for counsel asking a federal court to decline hearing a case in deference to certain state administrative schemes, processes, or policy interests (known as Burford abstention). This Note examines the scope of Burford abstention and the factors federal courts consider when deciding whether to abstain under Burford. It also explains the scope of the related Thibodaux abstention doctrine, which permits a federal court to abstain from hearing a diversity action if state law is unclear and the case impacts a substantial state policy interest.