§ 12.19 Venue - Federal Court - First-filed Rule - Exceptions
| Library | Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.) |
§ 12.19 Venue - Federal Court - First-Filed Rule - Exceptions
Courts in the Fourth Circuit have recognized exceptions to the first-filed rule. The federal district court has explained:
However, "even if a court finds the first-filed rule applicable, it may still make the discretionary determination that the rule should be ignored as a result of 'special circumstances,' such as forum shopping, anticipatory filing, or bad faith filing." Nutrition & Fitness, 264 F. Supp. 2d at 360 (citations omitted); see...
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