In multiparty lawsuits, situations can arise where dismissal of a single party—either on the plaintiff or defendant side—is sought. For example, a plaintiff in a multi-plaintiff suit may tire of the litigation. Or a spouse divorcing a plaintiff during the course of litigation may wish to dismiss his or her loss of consortium claim and exit the litigation. A plaintiff may settle with a single defendant, or it might become clear that discovery simply does not bear out a claim against one of the defendants. Seeking to dismiss a single party voluntarily while leaving the remainder of the lawsuit intact can present a procedural issue in certain federal jurisdictions.

Originally published in DRI's The Voice - October 2020.