First Filed Rule Not Applicable to Transnational Litigation?
The International Civil Litigation blog has an interesting write up about a recent SDNY case which held that a case filed by one party in a foreign country before the other party files in the US is not subject to the "first filed" rule. I am not familiar with the facts, but I suppose that lis alibi pendens did not apply because the suit in the foreign jurisdiction was dismissed or something to that effect. Maybe someone can fill me in on how exactly that works, my transnational litigation class was a bit of a let down. For more, read on here.