Kainz v. Jacam Chemical Co. 2013

Citations

• 2023 ND 42

Syllabus

An order that has the practical effect of terminating the litigation in the Plaintiff's chosen forum and effectively forecloses litigation in the courts of this state may be appealable. The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter. Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.