Does the Pendency of a Case In Federal Court Bar the Same Suit Between the Same Parties In a State Court ?
In Efros v. Nationwide Corp. (1984), 12 Ohio St. 3d 191, 465 N.E. 2d 1309, the court stated:
"The pendency of a prior in personam action in federal court does not bar the same suit between the same parties in a state court." Efros v. Nationwide Corp. (1984), 12 Ohio St. 3d 191,465 N.E. 2d 1309.
When an action is filed in both federal and state courts, both courts, "may proceed concurrently with the litigation, at least until judgment is obtained in one of them which may be raised as res judicata as to the other..." Efros citing Princess Lida v. Thompson (1939), 305 U.S. 456,466, 59 S. Ct. 275, 280.
The court noted that the rationale behind this rule is that state courts and federal courts have separate and distinct jurisdictional sovereignties. Efros at 193; citing Kline v. Burke Constr. Co. (1922), 260 U.S. 226, 43 S. Ct. 79.
The rule is analogous to the situation where an action is filed in courts of two different states. Efros at 193.