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· 8/26/1988

Equal Employment Opportunity Commission v. University of Pennsylvania. Appeal of the Trustees of the University of Pennsylvania

Citations

  • 850 F.2d 969

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that filing suit three days prior to the end of a grace period was anticipatory
  • holding that the first-to-file rule “is not a mandate directing wooden application of the rule without regard to rare or extraordinary circumstances, inequitable conduct, bad faith, [anticipatory filing] or forum shopping”
  • holding that the court did not abuse its discretion by declining to dismiss the second-filed suit when the timing of the first suit indicated an attempt to preempt the imminent second suit
  • noting that the University knew that Third Circuit law precluded a finding in its favor and filed suit in District of Columbia to avoid adverse law
  • stating that “[i]n all cases of federal concurrent jurisdiction, the court which first has possession of the subject must decide it” (internal quotation marks omitted)
  • finding that the first-filed rule “is not a rigid or inflexible rule to be mechanically applied.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Becker, Hutchinson, Scirica

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.