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).