Legal Definitions - lis alibi pendens

Definition: Lis alibi pendens is a Latin term that refers to a lawsuit that is pending elsewhere. It is also a historical defense that can be used when a case involving the same parties and subject matter is already pending in another court. This defense is also known as lis pendens.

Example 1: John files a lawsuit against Jane in a state court in California. However, Jane has already filed a similar lawsuit against John in a federal court in New York. In this case, Jane can use lis alibi pendens as a defense to have the California court dismiss John's lawsuit.

Example 2: A company is facing a lawsuit in a state court in Texas. However, the same company is also facing a similar lawsuit in a federal court in California. The company can use lis alibi pendens as a defense to have the Texas court dismiss the case.

These examples illustrate how lis alibi pendens can be used as a defense when a similar case is already pending in another court. It prevents parties from litigating the same issue in multiple courts, which can be time-consuming and costly.