Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

first-filed rule

Read a random definition: libellus repudii

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
no i think there should be a Law School combine with all new drills except there is still the 40 yard dash
and a sub 4.5 gets you into any t14
LSAT can be one of the drills
letsseehowitgoesnow
11:17
so washu only called one person
So all the D1 athletes will get into a T-14. What else is new?
@TheAdoptedOne: that is called "Dean Poker Night" lol
@ClockworkBlue: I feel like most people could train for the 40 for the same amount of time as they do the LSAT and get close to sub 5 which would be equivalent to a 167+
this is like the schizophrenic posts JJK tik tok be putting out
powerscaling Law School deans up next
11:19
Election Day election day
Write in Dean Z vote
11:20
Saw a guy that wrote in Biden and he said no retirement for you buddy
1a2b3c4d26z
11:20
@ClockworkBlue: god I hope that's true
if the country was run the same as Mich Law it would be a better place
Imagine if election night was run by an adcom? Like, "yep, we could get the results Friday, or June 2025."
imagine if it was like Berkley applications
1a2b3c4d26z
11:22
Election status: Complete
1a2b3c4d26z
11:22
For months
triplethread
11:23
erection day
soapy
11:23
Shoutout to Robinhood's election bet not resolving until January
triplethread
11:23
is anyone else like certain that trump will win
ambitiouslizard
11:23
he aint winning
triplethread
11:23
i like being a pessimist
ambitiouslizard
11:24
he lost his re-election, why would he win this one?
1a2b3c4d26z
11:25
I have no idea why people have so much beef w berkeley's app
I've been reading a bit about "herding," which is this idea that pollsters are making the race look tied so they look right no matter who wins.
1a2b3c4d26z
11:26
Like... it's a more involved app but you don't have to do it? They're clearly trying to have some self-selection go on
I 100% agree with the self selection, I also am not even close to touching the medians there. However I think the huge PS plus the video and especially the very specific criteria for the why Berkeley essay is pretty crazy
I'm curious, how bold can one be in those videos? Is it worth making a satirical Jason Statham-action short if the adcoms have no sense of humor?
LSD+ is ad-free, with DMs, discounts, case briefs & more.