A party is not supposed to file a lawsuit in both state and federal courts at the same time based upon the same facts and evidence -- state and federal courts are capable of hearing an interpreting the case based upon both state and federal law when everything arises from the same set of facts and circumstances. If one of the cases settles and/or finishes up based upon a trial, then the outcome of the case can be used by the defendant in the other court to file a Motion to Dismiss and claim that the second lawsuit is "Res Judicata" -- meaning that the issues and law have already been heard in another court and the second court has no business carrying on with the case in front of it if the first court has already decided all of the issues raised in both suits. THe court will then dismiss it. This happens all the time when people who file a lawsuit in state court lose the case, they then try to take the federal laws that may be involved in the case and file it in the federal court, even when the state court has ruled on the federal issues (people believe that the state court cannot rule on federal issues and the states courts can and do regularly make rulings regarding the state and federal points of any given case). The federal lawsuit is then dismissed. What your friend must do is decide whether or not his state claim is the stronger part of the case or if the federal claim is the stronger part and then file in the court that he/she believes will be most likely to rule in his/her favor. Once that case is finished, if your friend can find any different claims that were not brought up in the earlier case then he/she can file in the other court.
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He should withdraw the state case immediately because he does not want to be accused of harrassing the defendants either -- because that annoys the judges too. He can always re-file the state case later if the circumstances warrant it -- but he can never refile it if it is dismissed.
The major argument for jurisdiction in any state court is the number of contacts that the parties have with the state in question. In your friend's case, if three defendants are located in one state and he is located in another state and files the lawsuit in his home state -- the three defendants in the other state may be able to convince the judge in your friend's state to transfer the case to their state because more of the persons involved in the case are located in that state. Your friend is probably better off filing in federal court under these circumstances because then no one has a good excuse to move it to any state court due to the allegations of violations of the federal wiretap laws.
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