10:38
Very happy with LR other than having to guess on a couple questions cuz of time
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Warning
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LSDefine
Simple English definitions for legal terms
first-to-file rule
Read a random definition: National Weather Service
A quick definition of first-to-file rule:
The first-to-file rule is a legal principle that says when two parties bring the same case to two different courts, the court that receives the case first gets to keep it. The second court usually stops its proceedings. However, if the first case was filed only to prevent the other party from filing, it is not allowed. This is called anticipatory filing. It is used to determine things like where the case will be heard.
A more thorough explanation:
The first-to-file rule is a principle in civil procedure that states that when two parties file lawsuits regarding the same issues in two courts with proper jurisdiction, the court that first acquires jurisdiction usually retains the case, excluding the other court. The court with the second-filed lawsuit typically stays proceedings or abstains.
However, there is an exception to this rule if the first-filed lawsuit is brought in anticipation of the true plaintiff's lawsuit and is an improper attempt at forum-shopping. This is known as anticipatory filing.
For example, if Company A and Company B both file lawsuits against each other in different courts regarding a patent infringement issue, the court that first acquires jurisdiction will usually retain the case. If Company A filed their lawsuit first, the court where they filed will handle the case, and the court where Company B filed will stay proceedings or abstain.
However, if Company A filed their lawsuit merely in anticipation of Company B's lawsuit, and it is an improper attempt at forum-shopping, the court may not follow the first-to-file rule and may instead dismiss Company A's lawsuit.