Legal Opinion

Equal Employment Opportunity Commission v. University of Pennsylvania. Appeal of the Trustees of the University of Pennsylvania

Court of Appeals for the Third Circuit

Decided August 26, 1988No. 87-1547PublishedCited by 276 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Nearly fifty years ago, this court adopted what has become known as the “first-filed” rule. We concluded that “[i]n all cases of federal concurrent jurisdiction, the court which first has possession of the subject must decide it.” Crosley Corp. v. Hazeltine Corp., 122 F.2d 925, 929 (3d Cir.1941) (quoting Smith v. McIver, 22 U.S. (9 Wheat.) 532, 6 L.Ed. 152 (1824)), cert. denied, 315 U.S. 813, 62 S.Ct. 798, 86 L.Ed. 1211 (1942). Since then, this policy of comity has served to counsel trial judges to exercise their discretion by enjoining the…

2Cases cited48 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  3. Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
  4. Regents of the University of California v. BakkeSupreme Court of the United States · 1978
  5. United States v. PowellSupreme Court of the United States · 1964

43 more not listed; retrieve them via the Exa API.

3Cited by276 opinions

  1. University of Pennsylvania v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1990
  2. Research Automation, Inc. v. Schrader-Bridgeport International, Inc.Court of Appeals for the Seventh Circuit · 2010
  3. Alltrade, Inc. v. Uniweld Products, Inc.Court of Appeals for the Ninth Circuit · 1991
  4. Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
  5. Christine RUSH v. SCOTT SPECIALTY GASES, INC., AppellantCourt of Appeals for the Third Circuit · 1997

271 more not listed; retrieve them via the Exa API.

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