John Marshall Harlan II

“ The railroad brought a proceeding in the Ohio state courts to enjoin Kepner from continuing to prosecute his suit in the federal court in New York. It argued that more appropriate state and federal courts were open and that the large cost to itself of defendant the suit in a distant forum was needless. Deciding solely on the basis that the venue provisions of the Federal Employers' Liability Act gave an injured employee a privilege which state legislative or judicial action could not override, the Court denied the power of the Ohio courts to issue an injunction. ”

“ May a state court enjoin resident state-court suitors from prosecuting in the federal courts vexatious, duplicative litigation which has the effect of thwarting a state-court judgment already rendered against them? ”

“ Given the Texas Supreme Court's finding, amply supported by the record and in no way challenged by this Court, that this controversy 'has reached the point of vexatious and harassing litigation,' 365 S.W.2d 919, 927, [1] I consider both the state injunction and the ensuing contempt adjudication to have been perfectly proper.
I The power of a court in equity to enjoin persons subject to its jurisdiction from conducting vexatious and harassing litigation in another forum has not been doubted until now. ”