First-Filed Action Rule

News & Analysis as of

New York Court Holds Forum Selection Clause Enforceable

In its recent decision in Certain Underwriters at Lloyd’s v. New Dominion, LLC, 2016 U.S. Dist. LEXIS 121133 (S.D.N.Y. Sept. 7, 2016), the United States District Court for the Southern District of New York had occasion to...more

Ex Parte Attachment, and Priority, Reinstated to First in Time Creditor

In Estate of Summers v. Nisbet, the Maine Supreme Judicial Court reinforced the first in time, first in right nature of attachment and trustee process under Maine law. Attachment and trustee process are powerful enforcement...more

Court Dismisses Second-Filed Reinsurance Dispute Under First-Filed Rule Though Both Cases Assigned To Same Judge

Earlier this month, a federal court in Pennsylvania faced the issue of whether it must file a second-filed suit even though the first-filed suit was transferred to the same court, and judge, as the second. The issue arose out...more

Arbitration Constitutes a First-Filed Action Under 'McWane' Doctrine

Delaware litigators are likely familiar with the teachings of McWane Cast Iron Pipe v. McDowell-Wellman Engineering, 263 A.2d 281, 283 (Del. 1970), which, in a nutshell, advise that a Delaware court will freely exercise its...more

First Circuit Rules First-Filed Complaint Need Not Satisfy Rule 9(b) to Bar Subsequent Qui Tam Actions

To incentivize whistleblowers to bring false claims promptly to the government’s attention, the False Claims Act (FCA) includes a so-called “first-to-file rule“ (31 U.S.C § 3730(b)(5)), which bars a person other than the...more

Delaware Chancery Court Strengthens First-Filed Action Rule

The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims. The...more

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