I think there MAY be some confusion here. One can have separate lawsuits pending in both federal and state court. And for the record, states do NOT have to follow federal law in all cases, to the extent that state courts CAN be MORE strict in their laws than what federal law allows. They cannot be LESS strict.

I am not sure that the lawsuits filed by 13d are duplicative of each other, are they? If not, one MUST choose the correct forum (be it state or federal) or the court will not be able to hear the case. Depending on the kind of case it is, there might NOT be federal jurisdiction in the new case. I don't know enough about it.

Again, this does not make a lawsuit frivolous by DEFINITION, it just may mean that one has to re-file in the proper venue.