American Lava Corp. v. Savena

Summary

The Tennessee Supreme Court addressed two concurrent workers’ compensation actions involving the same parties and subject matter. It held that the Criminal Court acquired exclusive jurisdiction because the employer filed first, reversed the dismissal, and remanded the case for trial while directing dismissal of the later Circuit Court action.

Holdings

1. When courts have concurrent jurisdiction over actions involving the same parties, subject matter, and objective, the court that first acquires jurisdiction obtains exclusive jurisdiction.
2. A failure of the parties to agree upon compensation is sufficient to authorize the employer to bring a workmen's compensation action seeking determination of the parties' rights.

Questions Presented

1. When two courts with concurrent jurisdiction have pending actions involving the same parties, subject matter, and objective, which court has exclusive jurisdiction?
2. Whether an employer may initiate a workmen's compensation action when the parties have failed to agree upon compensation.

Disposition

remanded