Also known as: abstentions · abstention doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A doctrine under which a federal court declines to exercise its jurisdiction over a case that presents unsettled questions of state law. The doctrine applies when resolution of those state-law questions by state courts might avoid or substantially narrow a federal constitutional claim.
A doctrine under which a federal court declines to exercise its jurisdiction over a case that presents unsettled questions of state law. The doctrine applies when resolution of those state-law questions by state courts might avoid or substantially narrow a federal constitutional claim.
Select any source to read its text and confirm it supports the definition.
The act of a shareholder or director withholding a vote rather than casting it for or against a proposed corporate action. Abstentions are disregarded when determining whether the required number of affirmative votes has been obtained.
Select any source to read its text and confirm it supports the definition.
The act of a shareholder or director withholding a vote rather than casting it for or against a proposed corporate action. Abstentions are disregarded when determining whether the required number of affirmative votes has been obtained.
Each sense below has its own examples, sources, and questions.
Andre Antoine challenges a state tax credit statute in federal district court on equal protection grounds. The statute's local-content requirement has never been interpreted by state courts in the context of out-of-state coproductions. The district court stays the federal action so that the state supreme court can first decide whether the requirement applies to hybrid productions.
Aisha Ahmed sues in federal court to enjoin enforcement of a state regulation whose constitutionality depends on an unsettled state-law question of statutory scope. The federal court abstains to permit state courts to construe the statute first.
Apollo Energy seeks federal relief from a mandate that conflicts with its owners' religious beliefs. Because the mandate's application turns on an unresolved state corporate-law issue, the federal court abstains pending state-court clarification.
Antonio Alvarado files a federal diversity action seeking damages arising from a child-custody dispute. The district court abstains because the case presents unsettled state-law issues that state courts are better positioned to resolve.
Azure Solutions sues in federal court after a city denies a permit for a group home under an ordinance never construed by state courts. The federal court abstains so that state courts may interpret the zoning provision and potentially resolve the federal equal-protection claim.
Angela Acosta brings a federal action that overlaps with ongoing state probate proceedings. The district court abstains because the state courts have primary authority over the administration of estates and the federal claim depends on unsettled state-law issues.
Pullman abstention applies when a federal constitutional claim turns on an unsettled question of state law whose resolution by state courts might avoid or narrow the federal constitutional question. The federal court should abstain temporarily to allow state courts to resolve the state-law issue first.
Supporting sources
Abstentions are not counted as votes cast for or against the proposal. Once a quorum is present, approval turns solely on whether the votes actually cast in favor exceed the votes actually cast against.
Supporting sources
A director who abstains is deemed to have assented unless the dissent or abstention is entered in the minutes or the director delivers written notice of the abstention before adjournment or immediately afterward. The right to dissent or abstain is unavailable to a director who votes in favor.
Supporting sources
…a present controversy and did not have standing. It concluded that, with respect to the requests for a declaratory judgment, abstention was not warranted. On the merits, the District Court held that the "fundamental right of single women and married persons to choose whether to have children is protected by the Ninth…