Legal Opinion

CTC Demolition Co. v. GMH AETC Management/Development LLC

New Jersey Superior Court Appellate Division

Decided January 27, 2012PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider how the first-filed rule of comity — by which “the court which first acquires jurisdiction has precedence” over another court later acquiring jurisdiction absent “special equities,” Yancoskie v. Del. River Port Auth., 78 N.J. 321, 324, 395 *4A.2d 192 (1978) — applies when a party demands mediation or arbitration, as contractually obligated, and the adverse party brings a declaratory judgment suit in another state regarding the applicability of mediation or arbitration. We conclude that the demand for mediation in…

2Cases cited9 opinions

  1. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  2. Riggs v. Johnson CountySupreme Court of the United States · 1868
  3. Nolan v. Lee HoSupreme Court of New Jersey · 1990
  4. Martindale v. Sandvik, Inc.Supreme Court of New Jersey · 2002
  5. O'Loughlin v. O'LoughlinSupreme Court of New Jersey · 1951

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

3Cited by4 opinions

  1. Tatham v. TathamNew Jersey Superior Court Appellate Division · 2013
  2. Avaya, Inc. v. Charter Communications Holding Company, LLCSuperior Court of Delaware · 2015
  3. GARY RIBE VS. MACRO CONSULTING GROUP, LLC (L-2463-18, MORRIS COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  4. LEGEND MOVIE POSTERS CORPORATION VS. JERRY OHLINGER'S MOVIE MATERIAL STORE, INC. (C-000123-16, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018

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