Summary
In Texas, defendants facing duplicate lawsuits can file a motion to dismiss for forum non conveniens or prior pending action. These motions do not count as formal answers and can pause the deadline for filing an answer. If denied, a general denial should be filed. Plaintiffs cannot pursue the same claim in different venues using different company names, as it may be considered an abuse of process. Understanding Texas Civil Practice and Remedies Code § 71.051 and Rule 97 of the Texas Rules of Civil Procedure is crucial.Full Conversation
Well, my point is that the plaintiff is disguising different companies it's owned or associated with to pursue the same lawsuit against the Defendant in different venues. So since the Defendant has been sued in Texas, what can the defendant file in Texas against the plaintiff and what case law and rules protect the Defendant?
In Texas, the defendant can take the following actions:
- Motion to Dismiss for Forum Non Conveniens:
- Argue that Texas is an inconvenient forum and the case should be dismissed or moved.
- Motion to Dismiss for Prior Pending Action:
- Assert that the lawsuit in Texas is duplicative of the one in New Jersey.
- Motion to Consolidate:
- Request the lawsuits be consolidated if they have similar claims.
Case law and rules that may protect the defendant include:
- Texas Civil Practice and Remedies Code § *.* (Forum Non Conveniens)
- Rule * of the Texas Rules of Civil Procedure (Compulsory Counterclaims)
Would the defendant like to connect with a local lawyer for more detailed assistance?
So can the plaintiff file the same claim in different venues if they use different company or plaintiff names?
In general, a plaintiff cannot file the same claim in different venues using different company or plaintiff names to pursue the same lawsuit against the same defendant. This could be seen as an abuse of process or forum shopping.
To better understand your situation, may I ask if the defendant would like to connect with a local lawyer for more detailed assistance?
No, we are going pro se. So now having all of this information, what can the defendant file or should file, and does a motion to dismiss count as her answer or does she have to file a general denial?
Case Rating: *
In Texas, the defendant has a few options:
*. Motion to Dismiss for Forum Non Conveniens: Argue Texas is an inconvenient forum.
*. Motion to Dismiss for Prior Pending Action: Argue the lawsuit is duplicative.
*. General Denial: File to formally deny the claims.
A motion to dismiss does not count as an answer. The defendant should file a general denial.
So what does the Defendant file first in order, and after all of those, I was told that if I give an answer then it formally locks that case in the Texas venue? Is that true, do I have to give a formal answer or can I just file motions in civil?
Case Rating: *
In Texas, you should file a Motion to Dismiss for Forum Non Conveniens or Motion to Dismiss for Prior Pending Action first. These motions do not count as formal answers. However, if these motions are denied, you should then file a General Denial to formally respond to the claims.
Would you like more detailed guidance on any of these steps?
If I only have 20 days to file an answer does that mean that I can still file a motion to Dismiss or other motions and therefore not limited by the 20 day deadline?
Case Rating: *
Yes, you can file a motion to dismiss or other preliminary motions within the *-day deadline without filing an answer first. These motions will pause the time limit for filing an answer until the court rules on your motion.
Would you like more specific information on filing a motion to dismiss in Texas?
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