E. F. Hutton Co. v. Cook

1 Citing case

  1. Brower v. Flint Ink Corp.

    865 F. Supp. 564 (N.D. Iowa 1994)   Cited 16 times
    Noting thatBerisford "rejected the suggestion that jurisdictional uncertainties standing alone should be so compelling as to cause the court to depart from the `first filed rule.'"

    The court noted that because declaratory relief is a matter within the court's discretion, courts have held that a declaratory claim should be dismissed if it was filed for the purpose of anticipating a trial of the same issues in a court of coordinate jurisdiction. Id. (citing Mission Ins., 706 F.2d at 602; Amerada Petroleum Corp., 381 F.2d at 663; E.F. Hutton Co. v. Cook, 292 F. Supp. 409, 410 (S.D.Tex. 1968)). The court's rationale was that the court cannot allow a party to secure a more favorable forum by filing an action for declaratory judgment when it has notice that the other party intends to file suit involving the same issues in a different forum. Id.