Plating Resources, Inc. v. UTI Corp.

How courts have described this case

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

• holding that suit for breach of contract and declaratory judgment was not a preemptive strike or brought in bad faith although filed six hours before the duplicative suit
• transferring a case to the court in which the first-filed case was being heard, and leaving all pending motions to be resolved by the transferee court
• “[a] district court, in its discretion, may 9 dispense with the first-to-file rule for reasons of equity,” e.g., in cases of “bad faith, anticipatory 10 suits, and forum shopping”
• “[a] district court, in its discretion, may 9 dispense with the first-to-file rule for reasons of equity,” e.g., in cases of “bad faith, anticipatory 10 suits, and forum shopping”
• In deciding whether the first-to-file rule applies, a court should look to three factors: (1) the chronology of the actions; (2) the similarity of the parties involved; and (3) the similarity of the issues at stake.
• courts should not apply the rule “too rigidly or mechanically”

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• Samsung Electronics Co., Ltd. v. Rambus, Inc.
  E.D. Virginia· 2005-09-14· cited 97×
• Zide Sport Shop of Ohio, Inc. v. Ed Tobergte Associates, Inc.
  Sixth Circuit· 2001-07-31· cited 80×
• Nutrition & Fitness, Inc. v. Blue Stuff, Inc.
  W.D. North Carolina· 2003-05-19· cited 42×
• Fuller v. Abercrombie & Fitch Stores, Inc.
  E.D. Tennessee· 2005-05-31· cited 23×
• Healthcare Capital, LLC v. Healthmed, Inc.
  S.D. Ohio· 2002-08-07· cited 11×
• Condon v. Haley
  D. South Carolina· 2014-11-12· cited 11×
• Aero Advanced Paint Tech., Inc. v. Int'l Aero Prods., LLC
  S.D. Ohio· 2018-12-20· cited 9×
• Smithers-Oasis Co. v. Clifford Sales & Marketing
  N.D. Ohio· 2002-03-25· cited 8×
• NCR Corp. v. First Financial Computer Services, Inc.
  S.D. Ohio· 2007-07-05· cited 7×
• Catholic Health Partners v. Carelogistics, LLC
  N.D. Ohio· 2013-09-19· cited 7×
• Clear! Blue, LLC v. Clear Blue, Inc.
  E.D. Michigan· 2007-11-07· cited 6×
• Thomas & Betts Corp. v. Hayes
  W.D. Tennessee· 2002-09-16· cited 5×
• Walker Group, Inc. v. First Layer Communications, Inc.
  M.D. North Carolina· 2004-08-24· cited 5×
• Nartron Corp. v. Quantum Research Group, Ltd.
  E.D. Michigan· 2007-02-12· cited 4×
• Albie's Foods, Inc. v. Menusaver, Inc.
  E.D. Michigan· 2001-11-01· cited 4×
• Little Caesar Enterprises, Inc. v. Hotchkiss
  E.D. Michigan· 2000-04-13· cited 1×
• United States Fire Insurance v. City of Warren
  E.D. Michigan· 2000-04-25
• HBC US Propco v. Fed. Realty Inv. Trust
  Court of Special Appeals of Maryland· 2023-09-01
• La Mack v. Obeid
  North Carolina Business Court· 2015-03-05