Tuesday, October 31, 2017 9:25:18 AM
Parallel litigation
Parallel litigation is a scenario in which different courts are hearing the same claim(s). The general rule is that parallel litigation (and the "race to judgment" that results) is a necessary and acceptable consequence of our system of dual sovereignty, in which both state and federal courts have personal jurisdiction over the parties. A major exception to this rule is that a second parallel In rem proceeding will be enjoined by the first court to obtain jurisdiction, as it has already been drawn into constructive possession of the object of the dispute.
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