Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

first-filed rule

Read a random definition: enclosure (inclosure)

A quick definition of first-filed rule:

First-Filed Rule: This is a rule that says when two people or groups have a problem and they both go to court, the court that gets the case first usually keeps it. The other court usually stops working on the case. But if the first case was started just to be sneaky and get an advantage, the rule might not apply. This rule can also be used to stop someone from starting a new case when there is already a case about the same problem.

A more thorough explanation:

The first-filed rule is a principle in civil procedure that states when two lawsuits are brought by the same parties regarding the same issues in two courts of proper jurisdiction, the court that first acquires jurisdiction usually retains the suit, to the exclusion of the other court. This means that the court with the second-filed suit typically stays proceedings or abstains.

However, there is an exception to this rule if the first-filed suit is brought merely in anticipation of the true plaintiff's suit and amounts to an improper attempt at forum-shopping. In this case, the second court may proceed with the case.

For example, if a person files a lawsuit in a state court and then files the same lawsuit in a federal court, the federal court will likely stay proceedings or abstain if the state court acquired jurisdiction first. This is because the first-filed rule gives priority to the court that first acquired jurisdiction over the case.

Another example is if a company files a lawsuit against a former employee in one state and the former employee files a similar lawsuit against the company in another state. If the company's lawsuit was filed first and the former employee's lawsuit was filed in anticipation of the company's lawsuit, the court may apply the first-filed rule and allow the company's lawsuit to proceed while staying or abstaining from the former employee's lawsuit.

first devisee | first-filing rule

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
LSD+ is ad-free, with DMs, discounts, case briefs & more.