(1) whether the state court has assumed jurisdiction over any res or property; (2) whether the federal forum is less convenient to the parties; (3) avoidance of piecemeal litigation; (4) the order in which jurisdiction was obtained; (5) whether the source of governing law is state or federal; (6) the adequacy of the state court action to protect the federal plaintiff's rights; (7) the relative progress of the state and federal proceedings; (8) the presence or absence of concurrent jurisdiction.
Id. at 395. These factors are not a "mechanical checklist" but rather are considerations that must be carefully balanced in a given case, "with the balance heavily weighted in favor of the exercise of jurisdiction." Moses H. Cone Mem’l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 16 (1983).
while the state court "did not have jurisdiction over property that could permit it to exclude the federal court from considering the matter, it nevertheless had jurisdiction over the arbitration award to the same extent that the state court in Colorado River had jurisdiction over the water rights. Moreover, just as in Colorado River, the [state court’s] jurisdiction in this case created a potentiality for conflicting decisions regarding the arbitration award ... .
Id. at 341.
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