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· 6/4/2015

Kohn Law Group, Inc. v. Auto Parts Manufacturing Mississippi, Inc.

Citations

  • 787 F.3d 1237
  • 2015 U.S. App. LEXIS 9310
  • 2015 WL 3499923

How courts have described this case

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

  • concluding that the first-to-file rule still applied where the second case excluded a defendant included in the first case
  • holding, for purposes of first-to-file rule, two actions are \substantially 7 similar\ where issues presented in second action \substantially overlap\ with issues 8 presented in first action
  • finding the parties were 22 substantially similar even though the defendant in one case was 23 not a named party in the other case
  • finding the parties were 22 substantially similar even though the defendant in one case was 23 not a named party in the other case
  • rejecting argument “that the parties are not 8 substantially similar” where a defendant in the earlier-filed action was not named in the later-filed 9 action
  • stating that in evaluating a motion under the first-to-file rule, “a court analyzes three factors[, i.e.,] chronology of the lawsuits, similarity of the parties, and similarity of the issues” and “[o]rdinarily . . . start[s] by analyzing which lawsuit was filed first”

Source: CourtListener parenthetical corpus (CC0).

Judges: Melloy, Bybee, Ikuta

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.