Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

first-filing rule

Read a random definition: revocable letter of credit

A quick definition of first-filing rule:

Term: First-Filing Rule

Definition: The first-filing rule is a principle in civil procedure that states when two parties bring the same issue to two different courts with proper jurisdiction, the court that first receives the case usually keeps it, and the other court abstains from proceedings. However, if the first-filed suit is an improper attempt at forum-shopping, the second court may proceed. Additionally, the first-filing rule allows a party to enjoin another from pursuing a later-filed action.

A more thorough explanation:

The first-filing rule, also known as 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 of proper jurisdiction, the court that first acquires jurisdiction usually retains the suit, to the exclusion of the other court.

For example, if a plaintiff files a lawsuit in a state court and the defendant files a lawsuit in a federal court regarding the same issue, the court that first acquires jurisdiction will usually retain the case, and the other court will stay proceedings or abstain.

However, 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, an exception exists, and the second court may proceed with the case.

Another aspect of the first-filing rule is the doctrine allowing a party to a previously filed lawsuit to enjoin another from pursuing a later-filed action.

For example, if a plaintiff files a lawsuit against a defendant, and the defendant files a similar lawsuit against the plaintiff in another court, the plaintiff may seek an injunction to prevent the defendant from pursuing the later-filed action.

Overall, the first-filing rule is designed to prevent forum-shopping and promote judicial efficiency by avoiding conflicting judgments and duplicative litigation.

first-filed rule | first fruits

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
NosyBeagle
11:41
needing accomdations for tests isn't cheating tho. you just need extra help because your brain isn't typical of most test takers
It is when they dont need them lmfao then they go "oh no i do need them i just didnt know i had adhd until 24 and took hundreds of tests my whole life without, but the tutor said just do it" lmfao no one says people who really need it shouldnt get it, but the thing is 80%+ are people who just go "i need lsat to get into the school i want and getting double time moves me from 167 to 177 and that is worth a 300k scholarship and a job making 260k at grad instead of 80k"
NosyBeagle
11:44
yo can i manifest adhd
ronniedoeslaw
11:44
I wonder if the logic games removal makes the LSAT easier or harder. Many people I’ve spoken to said that was their favorite section
@NosyBeagle: you can use something like this: https://www.talkwithfrida.com/adult-adhd-diagnosis/ and now you magically have adhd! And can get double time! All for about $300 lmfao aka you buy a 300k scholarship and a job with an extra 100k+ per year for $300. Many do this. They compete for spots, not to be the most deserving.
NosyBeagle
11:47
i think i could've conquered logic games if i gave myself more time to study. but i don't miss it tbh
NosyBeagle
11:48
$300? bruh
This is why i say everyone should get the double time test. No more accommodations, completely level playing field, aka equality of opportunity. Logic games are the funnest to study but LR is exactly the same on being able to EXPECT -0. And yes, $300 or less depending where you live! And lsac will allow that to get double time, only 3 sections, unlimited stop/start in the sessions, and 15 minute breaks lmfao you can also get it on paper!
11:56
@PremiumFrequentCrane: yeah double time is excessive since a significant part of being a lawyer is meeting deadlines, like if they gave an extra 5-10 minutes, whatever, but 1h10m to answer 25 MC questions is overkill
girl i don’t have accommodations
11:59
i do :3
11:59
time and a half
11:59
all i sent them was my 504 plan from high school nthey said bet
12:00
unmedicated tho
@FrioJGenius: good thing our top schools who feed into the top roles and most important places disagree! They say "give me the kid who scores 155 l;egit and 172 with double time, they are better than the 167 legit no double time"
okay get ur money up
ronniedoeslaw
12:05
There’s been about a 30% increase nation wide in law school apps this school, I believe this may just favor larger institutions & I’m curious to see if schools begin to take in larger class sizes to compensate
12:06
@ronniedoeslaw: only if employers are willing to hire more lawyers, which seems doubtful. Schools dont want unemployed grads
class sizes appear to be staying the same
12:36
veo3 is scary
ronniedoeslaw
12:53
the waiting game is just as hard as the lsat lol
13:01
I had a dream last night I got a 172
13:01
I was so upset
ronniedoeslaw
13:02
Upset you it was just a dream or upset at the score ? Hahah
ronniedoeslaw
13:02
You can make your dream a reality
NosyBeagle
13:19
never had an lsat/law dream before and i never want one
never had law dreams but i do have a lot of work dreams
13:37
I had an LSAT dream that I scored like a 112
13:40
i had a dream that i was playing outside on a hill and my mom loved me
13:45
@ronniedoeslaw: upset the score was lower than my PTs
LSD+ is ad-free, with DMs, discounts, case briefs & more.