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.