回複:這個案例是同國不同州或同州不同縣的吧?也適用於不同國家嗎?和他們是哪兒的公民有關嗎?

來源: apt 2013-09-10 09:05:18 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1130 bytes)
A state court would usually defer to an action commenced in another jurisdiction, unless a party can show the action within the state is necessary to protect a substantial right of that party. This is totally discretionary to the court, however. A  court can dismiss the case, stay the case or do whatever it wants to do. Most international abstention cases happened in federal courts. There is no uniform standard as to whether a court will or will not abstain jurisdiction to a foreign court. Normally, this would result a motion hearing, in which a court will balance factors such as which action filed first, the conflict of law which different results occur in different jurisdictions, which action goes further, whether the action is piecemeal or vexatious, whether rights will be harmed if action in this jurisdiction is stayed or dismissed, and international commity, etc.

The correct way to handle this is to file a motion to dismiss. During the motion hearing, try to persuade the judge the Chinese action should go on and the state action should be dismissed. This should be handled by an attorney.
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