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Jurisdictional Considerations After Removal

If there is pendency of a prior suit between the same parties for the same cause of action in the court of another state, a court abates the second action.  An action pending in federal court does not abate a subsequent action in a state court even if the parties and cause of action are same.[i] Also if an action is brought in a state court and removed to the federal court and while it is pending in federal court another action is brought in the state court for the same cause of action, the state court would abate the subsequent suit.[ii] When a cause of action is removed to a federal court under statutory provisions, the state court automatically loses jurisdiction and any case filed based on the same cause of action in the state court during the pendency of the removed case will be abated.[iii] However in Aetna Casualty & Surety Co. v. Brunken,[iv] the court held that the pendency of a prior suit in a federal court would not abate a subsequent suit in a state court even if the suits are between the same parties and involve the same subject-matter.

[i] Seeley v. Missouri, K. & T. R. Co., 39 F. 252 (C.C.D.N.Y. 1889)

[ii] Nashville, C. & S. L. Ry. v. Hubble, 140 Ga. 368 (Ga. 1913)

[iii] Young v. Herald, 138 Ind. App. 454 (Ind. Ct. App. 1965)

[iv] 373 S.W.2d 811 (Tex. Civ. App. Eastland 1963)

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