Legal Opinion
The Cadle Company v. Whataburger of Alice, Inc. M. Louise Andrews Kathy A. Reese Herbert E. Pounds, Jr. George P. Braun and Joe Alvin Andrews, Jr.
Court of Appeals for the Fifth Circuit
Decided May 7, 1999No. 98-50368PublishedCited by 225 opinions
1Opinion of the Court
LITTLE, District Judge:
The Cadle Company (“Cadle”) appeals the district court’s decision to dismiss its RICO and state law claims under the “first-to-file” rule. Cadle argues that the district court should have applied the rule only if it first determined that the first-filed court’s jurisdiction was proper, and erred by failing to do so in this case. Cadle argues in the alternative that even if the lower court did not err in applying the rule, it should have transferred the case rather than dismissed it. We find that the district court properly applied the first-to-file rule, but should have…
2Cases cited13 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
- Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
- West Gulf Maritime Association v. Ila Deep Sea Local 24, South Atlantic and Gulf Coast District of the Ila Afl-Cio, Etc.Court of Appeals for the Fifth Circuit · 1985
- Save Power Limited v. Syntek Finance CorpCourt of Appeals for the Fifth Circuit · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by225 opinions
- Kohn Law Group, Inc. v. Auto Parts Manufacturing Mississippi, Inc.Court of Appeals for the Ninth Circuit · 2015
- Richard Baatz v. Columbia Gas TransmissionCourt of Appeals for the Sixth Circuit · 2016
- Handy v. Shaw, Bransford, Veilleux & RothCourt of Appeals for the D.C. Circuit · 2003
- International Fidelity Insurance v. Sweet Little Mexico Corp.Court of Appeals for the Fifth Circuit · 2011
- Amerijet International, Inc. v. Zero Gravity Corp.Court of Appeals for the Fifth Circuit · 2015
220 more not listed; retrieve them via the Exa API.