MASSACHUSETTS DELIVERY ASS'N v. COAKLEY

No. 11-1441.

671 F.3d 33 (2012)

MASSACHUSETTS DELIVERY ASSOCIATION, Plaintiff, Appellant, v. Martha COAKLEY, in her official capacity as Attorney General of the Commonwealth of Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 20, 2012.


Attorney(s) appearing for the Case

David C. Casey , with whom Walter C. Hunter , Carie A. Torrence , Vanessa K. Hackett , and Littler Mendelson, P.C. were on brief, for appellant.

Steven A. Pletcher , Lynne D. Lidke , Braden K. Core , and Scopelitis, Garvin, Light, Hanson & Feary, P.C. for Messenger Courier Association of America and Air and Expedited Motor Carrier Association, amici curiae.

Douglas S. Martland , Assistant Attorney General, with whom Pierce O. Cray , Assistant Attorney General, Kate J. Fitzpatrick , Assistant Attorney General, and Martha Coakley , Attorney General, were on brief, for appellee.

Harold L. Lichten , Shannon Liss-Riordan , Michael S. Rabieh , and Lichten & Liss-Riordan, P.C., for Stephen Reynolds, amicus curiae.

Before LYNCH, Chief Judge, STAHL and LIPEZ, Circuit Judges.


LYNCH, Chief Judge.

The issue on appeal is whether abstention under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), is proper in a federal court civil rights suit brought against the Massachusetts Attorney General by a business trade association, which is not itself a party to any relevant state litigation, and where three of its forty-plus members are defendants in ongoing state civil proceedings brought...

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