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Texas high court hears argument on whether later suit is barred by first‑filed rule
Summary
At oral argument before the Supreme Court of Texas, counsel argued the court should clarify whether a later‑filed suit is barred by the first‑filed rule and urged adoption of a material‑elements test to avoid duplicative litigation; counsel cited filing dates and disputed whether alleged misconduct continued after 2012.
The Supreme Court of Texas heard argument over whether a later‑filed suit should be barred by the so‑called first‑filed rule, an unidentified speaker told the court that the earlier suit’s allegations and filing history required the court to adopt a clear test to avoid duplicative litigation.
The unidentified speaker said the earlier action "was filed in 2012," was later unsealed in 2017, and that a related transaction occurred in 2021, arguing the court must compare the petitions to determine whether the material elements are the same. The speaker urged the court to "go ahead and first file, analysis" to prevent a second complaint from proceeding when it should have been…
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