Also known as: comity analyses · comity
Written by attorneys · grounded in primary & secondary sources — see below
A structured judicial inquiry into whether principles of deference to another sovereign's legal system counsel against exercising jurisdiction or granting relief in a given case. Courts apply the analysis to determine whether abstention or restraint serves federalism, international relations, or judicial economy.
Christian Coleman faces ongoing state criminal charges for organizing a protest at an energy facility. He asks a federal district court to enjoin the prosecution on constitutional grounds. The federal court conducts a comity analysis and concludes that no bad-faith prosecution or flagrantly invalid statute exists. It therefore declines to issue the injunction and allows the state proceeding to continue.
Central Dynamics sues a university foundation for patent infringement. The foundation had previously lost a similar validity challenge against another party. The court performs a comity analysis and determines that the prior judgment should bind the foundation to avoid inconsistent outcomes. It therefore dismisses the new action on preclusion grounds.
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Canyon Construction sues Daimler AG in California for events occurring entirely in Argentina. The court engages in a comity analysis and finds that the defendant's contacts with the forum are too attenuated to support jurisdiction. It dismisses the case to respect the sovereignty of foreign courts.
Catherine Carter obtains a large punitive award against State Farm in Utah for conduct occurring mainly in other states. The court conducts a comity analysis and concludes that the award improperly intrudes on the regulatory interests of those other states. It reduces the punitive damages to a constitutionally permissible ratio.
Cynthia Cortez sues National Australian Bank in federal court over securities transactions executed entirely on Australian exchanges. The court applies a comity analysis and determines that the presumption against extraterritoriality bars the claim. It dismisses the action to avoid interfering with foreign securities regulation.
Caleb Chang sues the Florida Board of Regents under a federal age-discrimination statute. The court performs a comity analysis and finds that Congress lacked authority to abrogate state sovereign immunity. It therefore dismisses the federal claim and respects the state's immunity.
A federal court must abstain unless extraordinary circumstances such as bad-faith prosecution, harassment, or a flagrantly unconstitutional statute with no valid application are present. The analysis rests on principles of comity and federalism that favor allowing state courts to proceed first.
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After all claims supplying original jurisdiction are dismissed, a court may decline supplemental jurisdiction over remaining state claims. The decision turns on factors including comity, judicial economy, convenience, and fairness to the parties.
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Courts weigh the importance of the requested information to the litigation, the specificity of the request, whether the information originated in the United States, and the availability of alternative means of obtaining it. These considerations determine whether to require compliance with foreign procedures or to permit domestic discovery methods.
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…an elementary principle, that the laws of one State have no operation outside of its territory, except so far as is allowed by comity; and that no tribunal established by it can extend its process beyond that territory so as to subject either persons or property to its decisions. "Any exertion of authority of this sort…