Voluntary Dismissals

News & Analysis as of

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Government Dismisses Its Case After Warrantless Airport Laptop Search

The government has voluntarily dismissed its case against Jae Shik Kim, the South Korean businessman for whom Ifrah Law obtained a motion to suppress in federal court. In 2012, Mr. Kim was stopped by federal agents as he...more

Plaintiff’s Counsel Concedes Applicability of Arbitration Provision to TCPA Suit

The Eastern District of North Carolina recently granted a motion compelling arbitration in a TCPA case involving debt-collection calls allegedly made to plaintiff’s cellular telephone. See Rice v. Credit One Fin., No....more

N.C. Court Warns Plaintiffs that Voluntary Dismissal of an Invalid Complaint Won’t Toll the Statute of Limitations

At first glance there seems to be a saving grace in the North Carolina Rules of Civil Procedure for plaintiffs who are running up against the deadline for filing a lawsuit, i.e., Rule 41(a)(1). Rule 41(a)(1) provides that if...more

Two Cases: Mixed Success In Getting Fees Awarded In The NC Business Court

There's nothing better than winning a case or a motion in Court and to then follow that up with an award of attorneys' fees. On that subject, two rulings in the Business Court last week addressed the award of attorneys'...more

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated...

The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the...more

Argument Report: Does Voluntarily Dismissing a Custody Petition Mean You Get Hit With The Psychologist's Fees?

In our detailed summary of the underlying facts and lower court opinions in In re Marriage of Tiballi, we wrote that the question presented was whether a parent who voluntarily dismisses a custody petition can be hit with the...more

Update Regarding Chevron/FedEx Forum Selection Litigation: Voluntary Dismissal of Appeal

As discussed below, on June 25, 2013, the Delaware Court of Chancery upheld the facial validity of forum selection bylaws unilaterally adopted by the boards of directors of Chevron Corporation and FedEx Corporation. Last...more

Kurwa v. Kislinger: California Supreme Court Holds No End-Run Around the "One Final Judgment Rule" By Means of Voluntary...

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of...more

Weekly Law Resume: Expert Witness Fees – Voluntary Dismissal after Statutory Offer

Mon Chong Loong Trading Corp. v. Superior Court - California Court of Appeal, Second Appellate District (July 23, 2013) - California Code of Civil Procedure Section 998 offers to settle cases are a crucial tool in...more

Employer's Back Door Settlement Of FLSA Claim Backfires

An employer's settlement of a Fair Labor Standards Act claim directly with a former employee rather than with the former employee's attorney was invalid and should not have been approved by the federal district court,...more

Bank Did Not Alter Right To Foreclose By Agreeing To Work With The Debtor After Bankruptcy Dismissal

In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745...more

E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval

On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be...more

Florida Supreme Court Limits Discretion To Strike Voluntary Dismissals Of Foreclosure Actions

The Florida Supreme Court recently held that when a borrower alleges fraud on the court as a basis for setting aside a lender’s notice of voluntary dismissal of a foreclosure action, the trial court has jurisdiction to...more

Court May Not Strike Plaintiff’s Voluntary Dismissal Unless Plaintiff Obtained Affirmative Relief – PINO V. THE BANK OF NEW YORK

In this contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the...more

FHFA Settles One Of Many Pending MBS Suits

On January 23, the FHFA settled and voluntarily dismissed one of the lawsuits it initiated in 2011 as conservator for Fannie Mae and Freddie Mac, alleging against many parties that billions of dollars of MBS purchased by the...more

Texas Withdraws From Federal Challenge To USEPA’s Air Standards For Oil And Gas

On January 10, 2013, the State of Texas and two of its agencies (the Railroad Commission of Texas and the Texas Commission on Environmental Quality) filed a joint motion in the Circuit Court for the District of Columbia to...more

Can I Dismiss My Bankruptcy Case?

Sometimes, after all the stress, the paperwork, and the gut wrenching that went into making the decision to file for bankruptcy, people will want out. The reasons vary. Often there is a change in circumstances making the...more

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