Friday, January 22, 2010

If you have a case pending in the state court, and you file that same case in federal before?

If you have a state case pending, and you file that same case in federal, before the state court makes a final ruling, will res judicata, issue preclusion, or claim preclusion apply. Because in my federal complaint, I stated an independent claim that I couldn't do in state court. The defendants filed a motion to dismiss, and before the court made a final ruling, I filed that same case, with added defendants, and an independent claim, will I be able to proceed with my federal case.If you have a case pending in the state court, and you file that same case in federal before?
It can't be the same case in both courts. If the issue at hand is a federal one, you file it in Federal court. If it's a state issue, you file it in State court. If the same series of events gave rise to a claim under Federal AND State law, you file it in Federal Court because the State court has no jurisdiction to hear the Federal issue. f you have filed a case in State court, and it's already at the stage of waiting for a ruling, the Federal court is going to dismiss your case.





Richard

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