Youell v. Exxon Corp.

74 F.3d 373, 1996 WL 15920
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 12, 1996
DocketNo. 848; Docket 94-7691
StatusPublished
Cited by44 cases

This text of 74 F.3d 373 (Youell v. Exxon Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Youell v. Exxon Corp., 74 F.3d 373, 1996 WL 15920 (2d Cir. 1996).

Opinion

PER CURIAM:

In Youell v. Exxon Corp., 48 F.3d 105 (2d Cir.1995), we reversed the district court’s dismissal of an action brought by the insurers for Exxon Corporation (the “Underwriters”) against Exxon Corporation (“Exxon”), seeking a declaratory judgment that they did not have to reimburse Exxon for certain losses incurred when its oil tanker, the Exxon Valdez, was wrecked. Driven primarily by the important federal question at issue in this case, we held that, under Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1988), the district court abused its discretion by dismissing the declaratory judgment action in deference to the Texas state court proceeding; we therefore reinstated the Underwriters’ declaratory judgment suit. See Youell, 48 F.3d at 114.

Two months after our decision in Youell, the United States Supreme Court decided Wilton v. Seven Falls Co., — U.S. -, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995). In Wilton, the Court held that a district court’s decision to stay or dismiss a declaratory judgment action in deference to a parallel state court proceeding is governed by the discretionary standard set forth in Brillhart v. Excess Insurance Co., 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), rather than the “exceptional circumstances” test developed in Colorado River-Moses H. Cone. See Wilton, — U.S. at -, 115 S.Ct. at 2144.

Exxon, relying on Wilton, petitioned the Supreme Court for a writ of certiorari. The Supreme Court granted certiorari, and vacated Youell, remanding the case to us for reconsideration in light of Wilton. See Exxon Corp. v. Youell, — U.S. -, 116 S.Ct. 43, 133 L.Ed.2d 9 (1995) (mem.).

On remand from the Supreme Court, we once again reverse the district court’s dismissal of the Underwriters’ declaratory judgment action. Even when made under the more discretionary Brillhart doctrine, a decision to abstain in this ease would constitute an abuse of discretion in light of the important federal question presented.

BACKGROUND

We briefly summarize the facts below. A more detailed account appears in our initial opinion. See Youell, 48 F.3d at 107-08.

The Underwriters subscribed to a series of Global Corporate Excess insurance agreements (collectively, the “Agreement”) with Exxon covering the period from November 1988 through October 1989. The Agreement insured Exxon and some of its subsidiaries against certain risks incurred during their global activities.

In March 1989, while skippered by Captain Joseph Hazelwood, the Exxon Valdez ran aground near Valdez, Alaska and spilled 10.8 million gallons of oil into Prince William Sound. Having suffered prodigious losses as a result of the mishap, Exxon sought reimbursement of some $2 billion from the Underwriters under the Agreement. Believing that Hazelwood was drunk at the time of the [375]*375grounding and that Exxon knew he was an alcoholic, the Underwriters denied Exxon coverage.

Exxon sued the Underwriters in a Texas state court, alleging that they had breached the Agreement and the covenant of good faith and fair dealing, and had also violated Texas insurance law. The Underwriters, in turn, filed their own suit against Exxon in the United States District Court for the Southern District of New York (Loretta A. Preska, Judge), seeking a declaratory judgment that they were not liable to Exxon. Invoking the Colorado River-Moses H. Cone abstention doctrine, the district court dismissed the Underwriters’ action, finding that exceptional circumstances warranted deference to the Texas state proceedings. See Youell v. Exxon Corp., 1994 WL 376068 (S.D.N.Y. July 19,1994). We reversed, holding that because of the important federal question presented, it was an abuse of discretion under Colorado River-Moses H. Cone for the district court to abstain. See Youell, 48 F.3d at 114.

Upon Exxon’s petition, the Supreme Court granted certiorari, vacated our judgment, and remanded with instructions to reconsider our opinion in light of Wilton. See Exxon Corp., — U.S. at -, 116 S.Ct. at 43. We solicited and received letter briefs from both parties. Having reviewed them, we see no need to disturb our initial decision.

DISCUSSION

In Wilton, the Supreme Court resolved a clash among the circuits concerning whether a district court’s decision to dismiss a federal declaratory judgment action in favor of parallel state litigation is governed by the discretionary standard of Brillhart v. Excess Insurance Co., 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), or the “exceptional circumstances” test set forth in Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). The Supreme Court endorsed the Brillhart test, finding that “[djistinct features of the Declaratory Judgment Act ... justify a standard vesting district courts with greater discretion in declaratory judgment actions than that permitted under the ‘exceptional circumstances’ test of Colorado River and Moses H. Cone.” Wilton, — U.S. at -, 115 S.Ct. at 2142. In so holding, the Court overturned precedent in this and other circuits. See, e.g., Lumbermens Mut. Casualty Co. v. Connecticut Bank & Trust Co., 806 F.2d 411, 413 (2d Cir.1986); Employers Ins. of Wausau v. Missouri Elec. Works, Inc., 23 F.3d 1372, 1374 n. 3 (8th Cir.1994).

On remand, therefore, we consider afresh whether application of the more discretionary Brillhart test alters our initial decision to reinstate the Underwriters’ declaratory judgment action. We conclude that it does not.

Under Cobrado River-Moses H. Cone abstention, a district court may decline to exercise jurisdiction over a case only under exceptional circumstances that relate to federal-state comity. See Wilton, — U.S. at -, 115 S.Ct. at 2141-42. The Brillhart abstention doctrine, on the other hand — now clearly applicable to declaratory judgment actions such as the one before us — gives the district court broader discretion to determine “whether and when to entertain an action ..., even when the suit otherwise satisfies subject matter jurisdictional prerequisites.” Id. at -, 115 S.Ct. at 2140. Hence, under Brillhart,

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74 F.3d 373, 1996 WL 15920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youell-v-exxon-corp-ca2-1996.