Kellen Co., Inc. v. Calphalon Corp.

How courts have described this case

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

• observing that most considerations of forum shopping in first-filed cases “present scenarios in which the plaintiff in the first action is the defendant in the second action”
• declining to apply first-filed rule where plaintiff in first action “won the race to the courthouse under questionable circumstances”
• declining to apply first-filed rule where plaintiff in first action “won the race to the courthouse under questionable circumstances”
• denying plaintiff’s motion to stay first-filed action pending later-filed action, and noting that the motion “smacks of forum shopping”
• “Most commonly, courts have recognized an exception to the first-filed rule where the first-filed action was instituted by the defendant in the second action, and the defendant won the race to the courthouse under questionable circumstances.”

Source: CourtListener parenthetical corpus (CC0).