回复:这个案例是同国不同州或同州不同县的吧?也适用于不同国家吗?和他们是哪儿的公民有关吗?

来源: apt 2013-09-10 09:05:18 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 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.
请您先登陆,再发跟帖!

发现Adblock插件

如要继续浏览
请支持本站 请务必在本站关闭/移除任何Adblock

关闭Adblock后 请点击

请参考如何关闭Adblock/Adblock plus

安装Adblock plus用户请点击浏览器图标
选择“Disable on www.wenxuecity.com”

安装Adblock用户请点击图标
选择“don't run on pages on this domain”