2nd Circ. Rules NY Workers' Comp Law Is State Issue

Law360, New York (November 4, 2009, 6:41 PM EST) -- A circuit panel on Wednesday upheld a district court's decision to toss Liberty Mutual Insurance Co.'s allegations that two amendments to New York's workers' compensation law were unconstitutional, for which both courts declined to exercise federal jurisdiction.

“We agree that abstention is appropriate but rely on different precedent,” namely the Burford abstention doctrine, a three-judge panel ruled in the U.S. Court of Appeals for the Second Circuit.

Liberty and a number of affiliates sued the commissioners of the Workers’ Compensation Board of the State of New...
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