Jurisdiction, Voluntary Dismissals

Federal Procedure: Dismissing a Single Party in Multiparty Litigation — Check Your Jurisdiction!

Nelson Mullins Riley & Scarborough LLP on 10/8/2020

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...more

Tenth Circuit Finds Plaintiffs’ Settle And Dismiss Strategy Unappealing

Carlton Fields on 10/8/2018

Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a...more

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on 6/20/2017

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment

Eversheds Sutherland (US) LLP on 6/16/2017

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

Eleventh Circuit Resolves Jurisdictional Issues Regarding The Confirmation Of An Arbitration Award

Carlton Fields on 1/16/2017

The Eleventh Circuit recently held that a district court retained jurisdiction over a motion to confirm an arbitral award, even though the plaintiff had voluntarily dismissed its claims while the motion to confirm was...more

Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs...

Morrison & Foerster LLP - Class Dismissed on 5/27/2016

Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more