context: Courts in the Sixth Circuit have also declined to apply the first-to-file rule when a declaratory judgment action is filed before a coercive action involving the same parties and issues.
citation_a.signal: no signal
citation_a.identifier: 386 F.3d 791, 791
citation_a.parenthetical: "In any case, the first-to-file rule is not a strict rule and more often than not gives way in the context of a coercive action filed subsequent to a declaratory action."
citation_a.sentence: AmSouth Bank, 386 F.3d at 791 (“In any case, the first-to-file rule is not a strict rule and more often than not gives way in the context of a coercive action filed subsequent to a declaratory action.”); see also Zide, 16 Fed. Appx. at 437 (“A plaintiff, even one who files first, does not have a right to bring a declaratory judgment action in the forum of his choosing.”); UAW v. Dana Corp., 1999 WL 33237054 at *6 (N.D.Ohio 1999) (“Cases construing the interplay between declaratory judgment actions and suits based on the merits of underlying substantive claims create, in practical effect, a presumption that a first filed declaratory judgment action should be dismissed or stayed in favor of the substantive suit”).
citation_b.signal: see also
citation_b.identifier: 1999 WL 33237054, at *6
citation_b.parenthetical: "Cases construing the interplay between declaratory judgment actions and suits based on the merits of underlying substantive claims create, in practical effect, a presumption that a first filed declaratory judgment action should be dismissed or stayed in favor of the substantive suit"
citation_b.sentence: AmSouth Bank, 386 F.3d at 791 (“In any case, the first-to-file rule is not a strict rule and more often than not gives way in the context of a coercive action filed subsequent to a declaratory action.”); see also Zide, 16 Fed. Appx. at 437 (“A plaintiff, even one who files first, does not have a right to bring a declaratory judgment action in the forum of his choosing.”); UAW v. Dana Corp., 1999 WL 33237054 at *6 (N.D.Ohio 1999) (“Cases construing the interplay between declaratory judgment actions and suits based on the merits of underlying substantive claims create, in practical effect, a presumption that a first filed declaratory judgment action should be dismissed or stayed in favor of the substantive suit”).