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QUACKENBUSH v. ALLSTATE INS. CO.

No. 95-244.

517 U.S. 706 (1996)

116 S.Ct. 1712

135 L.Ed.2d 1

QUACKENBUSH, CALIFORNIA INSURANCE COMMISSIONER v. ALLSTATE INSURANCE CO.

Supreme Court of United States.

Decided June 3, 1996.

Attorney(s) appearing for the Case

Karl L. Rubinstein argued the cause for petitioner. With him on the briefs were Dana Carli Brooks, Melissa S. Kooistra, William W. Palmer, and David L. Shapiro.

Donald Francis Donovan argued the cause for respondent. With him on the brief were Carl Micarelli, Joseph D. Lee, and James G. Sporleder.*

O'Connor, J., delivered the opinion for a unanimous Court. Scalia, J., p. 731, and Kennedy, J., p. 733, filed concurring opinions.

Justice O'Connor, delivered the opinion of the Court.

In this case, we consider whether an abstention-based remand order is appealable as a final order under 28 U. S. C. § 1291, and whether the abstention doctrine first recognized in Burford v. Sun Oil Co., 319 U.S. 315 (1943), can be applied in a common-law suit for damages.

I

Petitioner, the Insurance...

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