Simultaneous Action in State and Federal Courts Concerning Common Nucleus of Operative Facts Prohibited

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No employee may concurrently maintain any cause of action in state court under §4-21-401, §8-50-103, or §50-1-304, while at the same time prosecuting an action in federal court based on a common nucleus of operative facts. Upon motion of the employer, the state court shall dismiss any action maintained under §4-21-401, §8-50-103, or §50-1-304, in which the employee is concurrently prosecuting an action based on a common nucleus of operative facts in federal court.


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