Pending Florida litigation in same matter forbade court from entry of judgment

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Massood Jallali appeals the trial court’s denial of his motion to dismiss and grant of partial summary judgment in favor of the National Board of Osteopathic Medical Examiners (“NBOME”) on count I of a complaint NBOME filed against Jallali. The sole restated issue is whether the trial court should have dismissed NBOME’s lawsuit on comity grounds.

Conclusion (slip op. at 9): The trial court abused its discretion in denying Jallali’s motion to dismiss NBOME’s Indiana lawsuit on comity grounds. We reverse the denial of the motion to dismiss, which also necessarily results in reversal of the partial grant of summary judgment in favor of NBOME, and remand for the trial court to dismiss NBOME’s complaint.

Key Analysis (slip op. at 8, 9): The subject matter of NBOME’s Indiana action, seeking to prohibit Jallali from accessing COMLEX-USA exams and related information, clearly is precisely the same as at least one of the issues being litigated in the Florida lawsuit . . . Allowing both the Florida lawsuit and the Indiana lawsuit to proceed to completion potentially could expose Jallali (and NBOME for that matter) to two directly contradictory results. That would be untenable . . . We conclude, given the substantial similarity between the parties, subject matter, and remedies sought in both the Indiana and Florida lawsuits, the trial court here ought to have exercised its discretion in favor of deferring to the already-pending Florida litigation in the interests of comity.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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