Sounding similar to “comedy,” comity comes up when there are multiple similar lawsuits pending. In an intrastate context, there are specific rules, like ademption or the pending action doctrine, which deal with how successive, similar lawsuits may be addressed. Comity, however, usually comes up in an interstate context. Comity is where one state court defers…
Legal Articles
Abatement, Pending Action Doctrine
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…
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…