quackenbush california insurance commissioner et al allstate insurance argued february decided june petitioner california insurance commissioner trustee assets mission insurance company affiliates filed state action respondent allstate insurance company seeking among things contract tort damages allstate alleged breach reinsurance agreements allstate removed action federal diversity grounds filed motion compel arbitration federal arbitration act commissioner sought remand state arguing district abstain hearing case burford sun oil resolution might interfere california regulation mission insolvency specifically commissioner indicated issue whether allstate set contract claims commissioner recovery question state law currently pending state courts another mission insolvency case observing state overriding interest uniform orderly regulation insurance insolvencies liquidations undermined inconsistent rulings federal state courts determining setoff question resolved state district concluded burford abstention appropriate remanded case state without ruling allstate arbitration motion determining appellate review district remand order barred section remand order appealable section final collateral order ninth circuit vacated decision ordered case sent arbitration concluding burford abstention limited equitable actions held abstention inappropriate damages action held remand order appealable section section provides order remanding case state removed reviewable appeal otherwise bar appellate review order issue remands based grounds specified district order case fall either category remand order described section based lack subject matter jurisdiction defects removal procedure remand order falls within narrow class collateral orders immediately appealable section puts litigants case effectively effect precisely surrender jurisdiction federal suit state moses cone memorial hospital mercury constr order also conclusively determines issue separate merits namely question whether federal decline exercise jurisdiction interest comity federalism rights asserted appeal abstention decision sufficiently important warrant immediate appeal remand order subsumed appealable order entered district see moses cone supra decision thermtron products hermansdorfer order remanding removed action represent final judgment reviewable appeal disavowed extent require ignore implications later holding moses cone pp federal courts power dismiss remand cases based abstention principles relief sought equitable otherwise discretionary damages action district remand order unwarranted application burford doctrine pp cases relief sought equitable nature otherwise discretionary federal courts power stay action based abstention principles also otherwise appropriate circumstances decline exercise jurisdiction altogether either dismissing suit remanding state see great lakes dredge dock huffman contrast federal courts may stay actions damages based abstention principles principles support outright dismissal remand damages actions see louisiana power light thibodaux pp burford allows federal dismiss case presents difficult questions state law bearing policy problems substantial public import whose importance transcends result case bar adjudication federal forum disruptive state efforts establish coherent policy respect matter substantial public concern colorado river water conservation dist power dismiss represents extraordinary narrow exception district duty adjudicate controversy properly pp allstate motion compel arbitration federal arbitration act implicates substantial federal concern enforcement arbitration agreements regard state interests case appears first blush present nothing contract dispute commissioner seeks damages allstate failure perform obligations reinsurance agreement pp extent ninth circuit held federal burford dismiss remand action relief sought discretionary judgment consistent abstention cases commissioner appears conceded relief sought neither equitable otherwise committed discretion however limiting burford abstention equitable cases applied per se rule rigid precedents require since abstention principles completely inapplicable damages actions burford might supported order stay federal proceedings pending outcome state litigation setoff issue remand order ninth circuit entered reviewed thus necessary determine whether limited stay order warranted facts case pp affirmed delivered opinion unanimous scalia kennedy filed concurring opinions notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press end syllabus charles quackenbush california insurance commissioner et petitioners allstate insurance company allstate removed action federal diversity grounds filed motion compel arbitration federal arbitration act section et seq ed supp commissioner sought remand state arguing district abstain hearing case burford supra resolution might interfere california regulation mission insolvency specifically commissioner indicated allstate asserting right set contract claims commissioner recovery contract viability setoff claims hotly disputed question state law question currently pending state courts another case arising mission insolvency district observed california overriding interest regulating insurance insolvencies liquidations uniform orderly manner case important state interest undermined inconsistent rulings federal state courts app pet cert based observations determination setoff question resolved state district concluded case appropriate one exercise burford abstention district stay hand pending california courts resolution setoff issue instead remanded entire case state district entered remand order without ruling allstate motion compel arbitration determining appellate review district remand order barred section see garamendi allstate ins citing thermtron products hermansdorfer remand order appealable section final collateral order see citing moses cone memorial hospital mercury constr appeals ninth circuit vacated district decision ordered case sent arbitration ninth circuit concluded federal courts abstain hearing case burford relief sought equitable nature therefore held abstention inappropriate case commissioner purported seeking legal relief app pet cert order denying petition rehearing commissioner waived argument case involved request equitable relief ninth circuit holding remand orders appealable conflicts decisions courts appeals see doughty underwriters lloyd london order appealable corcoran ardra insurance burns wilcox see minot order appealable collateral order doctrine determination burford abstention exercised cases equitable relief sought see lac du quebec ltee american home assurance burford abstention appropriate case seeking declaratory relief brandenburg seidel burford abstention appropriate action damages wolfson mutual benefit life ins see fragoso lopez federal abstain burford sitting equity university maryland peat marwick main baltimore bank cooperatives farmer cheese cooperative granted certiorari resolve conflicts affirm grounds different provided ninth circuit ii finding affirmative bar appellate review district remand order must determine whether review may obtained appeal section general rule party entitled single appeal deferred final judgment entered claims district error stage litigation may ventilated digital equipment desktop direct slip citations omitted accordingly held decision ordinarily considered final appealable section ends litigation merits leaves nothing execute judgment catlin see also digital supra slip quoting standard also recognized however narrow class collateral orders meet definition finality nevertheless immediately appealable section conclusively determine disputed question completely separate merits action effectively unreviewable appeal final judgment koller quoting coopers lybrand livesay important denied review cohen beneficial industrial loan application principles appealability remand order us controlled decision moses cone memorial hospital mercury constr district case entered order colorado river water conservation dist staying federal diversity suit pending completion declaratory judgment action filed state appeals held stay order appealable section affirmed determination two independent grounds first concluded stay order appealable final decision section put litigants effectively quoting idlewild bon voyage liquor epstein per curiam effect precisely surrender jurisdiction federal suit state standards reflect definition finality see supra citing catlin supra see digital supra slip citing catlin definition lauro lines chasser van cauwenberghe biard moses cone found application compelled precedent see idlewild reasoning limited cases colorado river abstention closely similar doctrine object stay require essential part federal suit litigated state forum alternative reliance idlewild also held stay order issue moses cone appealable collateral order doctrine determined stay order based colorado river doctrine presents important issue separate merits amounts refusal adjudicate case federal orders reviewed appeal final judgment federal action district bound matter res judicata honor state judgment unlike stay orders might readily reconsidered district stay orders ilk conclusive practical equivalent order dismissing case district order remanding grounds burford abstention relevant respects indistinguishable stay order found appealable moses cone less order staying action pending adjudication dispute state puts litigants case effectively moses cone supra quoting idlewild bon voyage liquor epstein supra effect precisely surrender jurisdiction federal suit state indeed remand order clearly final stay order sense district remands case state district disassociates case entirely retaining nothing matter federal docket district order also indistinguishable stay order considered moses cone conclusively determines issue separate merits namely question whether federal decline exercise jurisdiction interest comity federalism see infra addition rights asserted appeal district abstention decision view sufficiently important warrant immediate appeal see infra describing interests weighed decision abstain burford cf digital supra slip review collateral order doctrine limited issues important denied review quoting cohen supra like stay order found appealable moses cone district remand order case subsumed appealable order entered district previously stated order remanding removed action represent final judgment reviewable appeal thermtron products hermansdorfer petitioner asks adhere statement hold appellate review district remand order obtained petition writ mandamus extent thermtron require us ignore implications later holding moses cone however disavow thermtron determination remand orders reviewable final judgments doubtless necessary resolution case see posing question whether mandamus appropriate vehicle principal concern thermtron interpretation bar appellate review embodied section see supra statement concerning appropriate procedural vehicle reviewing district remand order peripheral concern moreover parties thermtron brief question opinion refer catlin definition final decisions opinion nowhere addresses whether class remand order might appealable collateral order doctrine indeed support thermtron cites proposition remand orders reviewable mandamus appeal railroad wiswall wall superannuated reasoning little vitality today compare deeming writ error review done inappropriate vehicle reviewing appeals refusal hear decide moses cone holding stay order appealable amounts refusal hear decide case admittedly remand orders like one entered case meet traditional definition finalitythey en litigation merits leav nothing execute judgment catlin district remand order functionally indistinguishable stay order found appealable moses cone see supra conclude appealable turn merits ninth circuit decision respecting burford abstention iii thus held federal courts power refrain hearing cases interfere pending state criminal proceeding see younger harris certain types state civil proceedings see huffman pursue juidice vail cases resolution federal constitutional question might obviated state courts given opportunity interpret ambiguous state law see railroad tex pullman cases raising issues intimately involved sovereign prerogative proper adjudication might impaired unsettled questions state law see louisiana power light thibodaux stewart concurring cases whose resolution federal might unnecessarily interfere state system collection taxes see great lakes dredge dock huffman cases duplicative pending state proceeding see colorado river water conservation dist pennsylvania williams longstanding application doctrines reflects commonlaw background statutes conferring jurisdiction enacted new orleans public service council city new orleans nopsi citing shapiro jurisdiction discretion rev ninth circuit correctly indicated long established federal authority decline exercise jurisdiction asked employ historic powers equity fair assessment real estate mcnary brennan concurring tradition informs understanding jurisdiction congress conferred upon federal courts explains development abstention doctrines pullman example explained principle underlying abstention doctrines follows history equity jurisdiction history regard public consequences employing extraordinary remedy injunction public interests higher claim upon discretion federal chancellor avoidance needless friction state policies whether policy relates enforcement criminal law administration specialized scheme liquidating embarrassed business enterprises final authority state interpret doubtful regulatory laws state cases reflect doctrine abstention appropriate federal system whereby federal courts exercising wise discretion restrain authority scrupulous regard rightful independence state governments smooth working federal judiciary use equitable powers contribution courts furthering harmonious relation state federal authority without need rigorous congressional restriction powers citations omitted nevertheless previously addressed whether principles underlying abstention cases support remand dismissal action damages cf deakins monaghan reserving question whether younger requires abstention action damages ankenbrandt richards discussing without applying burford abstention damages action sure held fair assessment real estate mcnary supra federal entertain section suit damages based enforcement state tax scheme see subsequently indicated fair assessment case scope section cause action see national private truck council oklahoma tax slip abstention doctrines extent fair assessment apply abstention principles holding limited damages action case based unconstitutional application state tax law award damages turned first declaration state tax fact unconstitutional therefore drew analogy huffman cases approved application abstention principles declaratory judgment actions held federal decline hear action recovery damages civil rights act first requires declaration determination unconstitutionality state tax scheme halt operation fair assessment supra otherwise applied abstention principles actions law permit federal enter stay order postpones adjudication dispute dismiss federal suit altogether see thibodaux approving stay order fornaris ridge tool per curiam directing district hold hand puerto rican authoritatively ruled local law question light federal claims omitted emphasis added gas pipe line ideal cement per curiam wise judicial administration case counsels decision federal question deferred potentially controlling issue authoritatively put rest clay sun ins office approving postponement decision damages suit decisions thibodaux county allegheny frank mashuda illustrate distinction drawn remand orders dismissals decisions merely stay adjudication federal suit thibodaux city louisiana brought eminent domain proceeding state seeking condemn public use certain property owned florida corporation corporation removed action federal diversity grounds federal district decided motion stay case pending state determination whether city exercise power eminent domain state law case arise within equity jurisdiction federal courts suit sought compensation taking district lacked discretion deny relief corporation claim nonetheless issues suit intimately involved state sovereign prerogative ibid concluded considerations prevailed conventional equity suits avoiding hazards serious disruption federal courts state government needless friction state federal authorities similarly appropriate state eminent domain proceeding brought removed federal ibid based conclusion affirmed district order staying case county allegheny decided day thibodaux like thibodaux involved review district order abstaining exercise diversity jurisdiction state law eminent domain action unlike thibodaux however district county allegheny merely stayed adjudication federal action pending resolution issue state rather dismissed federal action altogether based large measure distinction reversed district order see thibodaux stewart concurring mashuda holds error district dismiss complaint emphasis added careful note thibodaux district stayed federal suit pending adjudication dispute state unlike outright dismissal remand federal suit held order merely staying action constitute abnegation judicial duty contrary wise productive discharge postponement decision best fruition thus held cases relief sought equitable nature otherwise discretionary federal courts power stay action based abstention principles also otherwise appropriate circumstances decline exercise jurisdiction altogether either dismissing suit remanding state contrast held federal courts may stay actions damages based abstention principles held principles support outright dismissal remand damages actions one final line cases bears mentioning though deal abstention doctrines recognized federal courts discretion dismiss damages actions certain narrow circumstances doctrine forum non conveniens seminal case recognizing authority gulf oil gilbert considered whether federal district sitting diversity new york dismiss tort action damages grounds virginia provided appropriate locale adjudicating dispute conceded application doctrine rare also held exercise forum non conveniens limited actions equity recognizing approving name never indicated rejecting application doctrine law actions integral necessary part evolution doctrine wherever applied courts jurisdictions application depend whether action law equity citations omitted fact applied forum non conveniens doctrine manner change analysis case deal scope burford abstention doctrine sure abstention doctrines doctrine forum non conveniens proceed similar premise rare circumstances federal courts relinquish jurisdiction favor another forum abstention doctrine distinct historical pedigree traditional considerations behind dismissal forum non conveniens differ markedly informing decision abstain compare american dredging supra describing multifarious factors including public private interests might allow district dismiss case doctrine forum non conveniens burford describing conflict requires federal yield jurisdiction favor state forum federal courts abstain deference paramount interests another sovereign concern principles comity federalism see ibid younger dismissal forum non conveniens contrast historically reflected far broader range considerations see piper describing interests bear forum non conveniens decision gulf oil notably convenience parties practical difficulties attend adjudication dispute certain locality see piper supra evidentiary problems unavailability witnesses difficulty coordinating multiple suits gulf oil supra availability witnesses need interplead virginia corporation location evidence viewing case simple proceeding equity enjoin enforcement commissioner order framed question presented terms power federal equity abstain exercising jurisdiction although federal equity jurisdiction particular proceeding may sound discretion whether jurisdiction invoked ground diversity citizenship otherwise refuse enforce protect legal rights exercise may prejudicial public interest public interest federal courts equity exercise discretionary power proper regard rightful independence state governments carrying domestic policy many questions argued find necessary decide one assuming federal district jurisdiction matter sound equitable discretion declined exercise jurisdiction omitted quoting ex rel greathouse dern pennsylvania williams ultimately concluded burford dismissal appropriate availability alternative federal forum threatened frustrate purpose complex administrative system texas established see whole cycle conflict permitted begin since provided generalized descriptions burford doctrine see county allegheny abstention grounds comity exercise jurisdiction federal disrupt state administrative process colorado river abstention exercise federal review question case similar cases disruptive state efforts establish coherent policy respect matter substantial public concern exception cases rest loosely burford rationale louisiana power light thibodaux revisited decision infrequently intervening years see nopsi nopsi recent exposition burford doctrine located power dismiss based abstention principles discretionary power federal sitting equity illustrated narrow range circumstances burford justify dismissal federal action issue nopsi preemption new orleans utility saddled decision federal energy regulatory commission part cost building operating nuclear reactor sought approval rate increase council city new orleans council denied rate increase grounds public hearing necessary explore legality prudency sic expenses allocated utility ferc decision utility brought suit federal seeking injunction enforcement council order declaration utility entitled rate increase utility claimed federal law required council allow recover increase retail rates share cost reactor ibid federal question issue raised case state law claims reversing district decision dismiss burford recognized federal courts discretion determining whether grant certain types relief indicated previously alabama pub serv southern burford permits federal sitting equity dismiss case extraordinary circumstances thus indicated burford allows federal dismiss case presents difficult questions state law bearing policy problems substantial public import whose importance transcends result case bar adjudication federal forum disruptive state efforts establish coherent policy respect matter substantial public concern quoting colorado river ultimately held burford provide proper grounds dismissal nopsi case involve claim even assertion federal claims way entangled skein state law must untangled federal case proceed quoting mcneese board ed community unit school dist serious threat conflict adjudication federal claim presented case state interest ensuring uniformity ratemaking decisions burford concerned protecting complex state administrative processes undue federal influence require abstention whenever exists process even cases potential conflict state regulatory law policy nopsi primary claim council prohibited federal law refusing provide reimbursement wholesale costs unlike claim state agency misapplied lawful authority failed take consideration properly weigh relevant factors federal adjudication sort claim disrupt state attempt ensure uniformity treatment essentially local problem quoting alabama pub serv supra citations omitted ninth circuit concluded district remand order inappropriate burford abstention apply suits seeking solely legal relief addressing abstention cases ninth circuit held federal courts power abstain certain cases locat ed unique powers equitable courts derives equity courts discretionary power grant withhold relief quoting alabama pub serv southern ninth circuit reversal district remand order case therefore reflects application per se rule power federal courts abstain exercising jurisdiction least burford abstention cases founded upon discretion possess equitable cases extent ninth circuit held federal burford dismiss remand action relief sought discretionary judgment consistent abstention cases explained power dismiss remand case abstention doctrines terms discretion federal courts traditionally exercised deciding whether provide equitable discretionary relief see supra commissioner appears conceded relief sought case neither equitable otherwise committed discretion see app pet cert order denying petition rehearing cases applied traditional abstention principles damages actions permitted federal withhold action state proceedings concluded growe permitted federal courts applying abstention principles damages actions enter stay permitted dismiss action altogether see supra per se rule described ninth circuit however rigid precedents require strictly limited abstention equitable cases rather extended doctrine cases federal asked provide form discretionary relief see huffman samuels supra moreover demonstrated decision thibodaux see supra held abstention principles completely inapplicable damages actions burford might support federal decision postpone adjudication damages action pending resolution state courts disputed question state law example given situation district faced case stay order might appropriate setoff issue decided state courts time district ruled see prudential reinsurance supra interest avoiding inconsistent adjudications point district might justified entering stay await outcome state litigation like ninth circuit review remand order entered find unnecessary determine whether limited stay order warranted facts case occasion resolve additional authority abstain might provided decision fair assessment see supra find necessary inquire fully whether case presents sort exceptional circumstance burford abstention grounds yielding federal jurisdiction might appropriate precedents federal courts power dismiss remand cases based abstention principles relief sought equitable otherwise discretionary damages action conclude district remand order unwarranted application burford doctrine judgment affirmed ordered justice scalia concurring join opinion write separately respond justice kennedy concurrence justice kennedy joining opinion says rule possibility federal might dismiss suit damages case serious affront interests federalism averted way post joined today opinion believed left discretionary dismissal available action foreclosed think holding clearly summarized concluding sentences opinion precedents federal courts power dismiss remand cases based abstention principles relief sought equitable otherwise discretionary damages action conclude district remand order unwarranted application burford doctrine ante justice kennedy projected horrible serious affront interests federalism possibly materialize holding serious affront interests federalism congress lawfully decides state cases hold today opinion affirms congress whenever instructs federal courts assert jurisdiction matters relief discretionary today felt empowered decide congressionally decreed jurisdiction constitutes serious affront opinion read much differently pertinently found unnecessary inquire fully whether case presents sort exceptional circumstance burford abstention grounds yielding federal jurisdiction might appropriate ante certainly grounds inquiry thought relevant unsettled since resolved question california law justice kennedy refers post part basis district decision remand state also pointed generally thought state overriding interest regulating insurance insolvencies liquidations uniform orderly manner app pet cert opinion says necessary inquire fully matter damages action justice kennedy concurring suit first filed raised unsettled since resolved question california law concerning ability companies allstate position set claims held mission principal reason district decision dismiss case threat posed state proceedings different state federal rulings question concern reasonable matter tradition express federal consent important interest maintaining precise detailed regulatory schemes insurance industry see act stat amended section et seq fact state rather agency chosen implement california scheme provided reason less federal stay hand time however considered case dismissal suit damages extension doctrine burford sun oil held authorized necessary explains doubt preferred course circumstances resolve serious potential federal intrusion staying suit retaining jurisdiction rule though possibility federal might dismiss suit damages case serious affront interests federalism averted way need reach question abstention doctrines significant contribution theory federalism preservation federal system practice allow federal courts give appropriate necessary recognition role authority duty take considerations account must inform exercise federal jurisdiction principles equity thus sole foundation abstention rules obligations comity respect appropriate balance state federal interests important part justification authority abstention well see sound respect independence state action requires federal equity stay hand younger harris rooting abstention proper respect state functions sensitivity legitimate interests state national governments colorado river water conservation dist abstention doctrines based considerations proper constitutional adjudication regard relations see also shapiro jurisdiction discretion rev traditional role discretion exercise equity jurisdiction makes abstention easiest justify cases equitable relief sought abstention including dismissal possibility may yet addressed suit damages fundamental concerns federalism require us face issue observations join opinion