Till Derr v. Thomas Swarek

I agree with my colleagues in the majority as to the conclusions set forth in Part I of their opinion. One litigant’s initiation of a parallel lawsuit in a foreign country while a domestic lawsuit remains pending is not a basis on which a district court may deny comity to the resulting foreign judgment.1 I disagree, however, with Part III of the majority’s opinion. I therefore do not reach the difficult question of first impression under Mississippi law addressed in the majority’s Part II.2

As explained below, even if the Swareks’ voluntary dismissal of their contract claim “with prejudice”…