Full text
In re The GEORGE WORTHINGTON CO., Debtor

Loading…
Opinion
921 F.2d 635 · Court of Appeals for the Sixth Circuit · Nov 30, 1990
Full text
In re The GEORGE WORTHINGTON CO., Debtor
E.D. Michigan · Jul 25, 2025
W.D. Kentucky · May 29, 2025
E.D. Michigan · Jan 13, 2025
W.D. Tennessee · Oct 3, 2024
E.D. Kentucky · Aug 9, 2024
E.D. Michigan · Jul 16, 2024
Parentheticals
holding that “when a case is properly within the Younger category of cases, there is no discretion on the part of the federal court to grant injunctive relief”
discussing possibility of Younger abstention question in situation involving state action that was arguably subject to the exclusive jurisdiction of Occupational Safety and Health -45- Administration ("OSHA"
“[U]nder the second prong of the Younger test, the district court does not weigh the state interest against any countervailing federal interest.”
proper time of reference for applicability of Younger abstention is time federal complaint is filed
"[U]nlike other forms of abstention, when a case is properly within the Younger category of cases, there is no discretion on the part of the federal court to grant injunctive relief."
abstention was appropriate despite claim that the state law action violated the exclusive jurisdiction of OSHA and despite fact that OSHA action had been pending and concluded months before the state action was brought
applying Younger in vacating and remanding the trial court’s injunction