Although not a common defense, Missouri permits a defending party in a lawsuit to raise a defense that “there is another action pending between the same parties for the same cause in this state.” See Rule 55.27. This defense — a/k/a abatement or the pending action doctrine — applies “where a claim involves the same…
Legal Articles
Abatement, Multiple Lawsuits
Because of procedural rules and/or general litigation strategy, more than one lawsuit is sometimes filed in a different court. In certain circumstances, “abatement” limits subsequent or separate lawsuits. Under abatement (a/k/a “pending action doctrine”), when a claim involves the same subject matter and parties as a previously filed suit so that the facts and issues…