§Why CasetextPricing

Intervet, Inc. v. Merial Limited et al

REPLY to opposition to motion re MOTION to Dismiss Intervet's Complaint

14 Cited authorities

  1. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,329 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  2. Amsouth Bank v. Dale

    386 F.3d 763 (6th Cir. 2004)   Cited 468 times
    Finding reversible error when a district court fails to "apply each factor."

  3. Genentech, Inc. v. Eli Lilly & Co.

    998 F.2d 931 (Fed. Cir. 1993)   Cited 338 times
    Holding that "the forum of the first-filed case is favored" and that such deference to the first-filed case may not be set aside absent a "sound reason that would make it unjust or inefficient to continue the first-filed action"

  4. Aero Products v. Intex Recreation

    466 F.3d 1000 (Fed. Cir. 2006)   Cited 68 times
    Holding that plaintiff who prevailed on patent infringement and Lanham Act claims arising from same operative facts, i.e., infringement of patent, could not have double recovery of damages

  5. Columbia Plaza Corp. v. Security Nat. Bank

    525 F.2d 620 (D.C. Cir. 1975)   Cited 107 times
    Using Rule 13 to conclude that ongoing suit in another district to recover on certain notes and suit filed in district court here challenging entire transaction — of which notes were part — were "of a single controversy"

  6. Washington Met. Area Trans., Etc. v. Ragonese

    617 F.2d 828 (D.C. Cir. 1980)   Cited 65 times
    Affirming dismissal of a second-filed action to enforce a contract where the court of the first-filed action was "capable of making determination" regarding the contract's interpretation

  7. F.D.I.C. v. Bank of New York

    479 F. Supp. 2d 1 (D.D.C. 2007)   Cited 20 times
    Explaining litigants "should not be permitted to make an end run around [one federal court's] judgment and the appellate process by collaterally attacking th[e] . . . judgment in another forum

  8. Lewis v. Nat'l Football League

    813 F. Supp. 1 (D.D.C. 1992)   Cited 27 times
    Opposing a mechanical application of the first-to-file rule

  9. SAS Institute, Inc. v. Practicingsmarter, Inc.

    353 F. Supp. 2d 614 (M.D.N.C. 2005)   Cited 12 times
    Applying the first-to-file rule to an action for declaratory judgment and dismissing the later-filed patent infringement suit filed in the same district

  10. Jackson v. Culinary School of Washington

    59 F.3d 254 (D.C. Cir. 1995)   Cited 17 times   1 Legal Analyses
    Remanding for explanation of discretionary decision whether to grant declaratory relief

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,674 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  13. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,953 times   21 Legal Analyses
    Determining whether counterclaims are compulsory