News & Analysis as of

Voluntary Dismissals

Rural Electric Cooperatives Receive Dismissals in Class Action Capital Credit Litigation

by Holland & Knight LLP on

Two recent dismissal orders – filed within days of each other – signal positive news to rural electric cooperatives defending actions brought by former or current members regarding the distribution of patronage capital and...more

Missouri Court of Appeals Holds Plaintiff Cannot Use Savings Statute to Revive Dismissed Lawsuit Brought by Improper Plaintiff

Love v. Piatchek, No. 103690 (November 8, 2016) The Missouri Court of Appeals, Eastern District, affirmed a trial court’s dismissal of a lawsuit as being time-barred. The court held that the plaintiff could not rely on...more

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

by Carlton Fields on

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

Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees

by Selman Breitman LLP on

Recently, in Khan v. Shim, No. H041608 (Cal. Ct. App. Dec. 29, 2016) (“Khan”), the California Court of Appeal held where a plaintiff voluntarily dismisses an action involving contract and tort claims, Civil Code section 1717,...more

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Your "Limited Appearance" in the Business Court May Not Be As Limited As You Think

by Brooks Pierce on

The attorney for the Plaintiff in Foster Biodevice, LLC v. Cantrell. 2016 NCBC 51 said that he was only making a limited appearance, but the Business Court (through new Business Court Judge Robinson, in his first Opinion for...more

Fraudulent Joinder & Bad Faith – Explaining Another Removal Muddle

by Reed Smith on

Here’s some more inside baseball on grounds for removing cases from state to federal court. In brief, the issue is this: does the “bad faith” standard added to the removal statute (28 U.S.C. §1446(c)(1)) in 2011 approximate...more

Fact That Small 401(k) Lawsuit Was Dropped Is Irrelevant

by Ary Rosenbaum on

While many of us in the retirement plan world were publicizing a class action lawsuit against a $9 million, apparently the plaintiffs had a change of heart. The case was Damberg et al v. LaMettry’s Collision Inc. and the...more

Nike Voluntarily Dismisses Closely Watched Lawsuit Against Olympic Hopeful

by Miller Canfield on

Nike has voluntarily dismissed a lawsuit it had filed against middle-distance runner and Olympic hopeful Boris Berian. At issue was whether Berian breached an endorsement agreement with Nike when—after the agreement’s...more

“Nonbank” Lender Seeks Injunction Restraining CFPB Administrative Action

by Dorsey & Whitney LLP on

On May 9, 2016, Integrity Advance, LLC and its CEO James Carnes filed suit against the Consumer Financial Protection Bureau (“CFPB”) in United States District Court for the District of Columbia seeking to enjoin the CFPB from...more

If I Drop My FDUTPA Claim Because I Realize I Can’t Prove Actual Damages, Am I Still Liable For The Defendant’s Attorney’s Fees?

by Shutts & Bowen LLP on

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. A...more

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

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

Why North Carolina Is Probably The Best State In Which To File A Voluntary Dismissal Of Your Case

by Brooks Pierce on

You have a case set for trial in a state trial court. You are tenth on the trial calendar, but the nine cases in front of you have crumbled and settled over the weekend. Plus, your most important witness is gone from your...more

Recent Events in the News Highlight the Importance of Registering Trademarks with the USPTO

by Sherman & Howard L.L.C. on

Last week, New Belgium Brewing Company and Oasis Texas Brewing Company settled a trademark dispute between the companies that began in 2014. The two breweries were disputing which of them had the right to use the name “Slow...more

Compromising and Settling of Derivative Suits In California

by Allen Matkins on

When a shareholder sues derivatively, the shareholder is seeking relief not for itself, but for the corporation. Therefore, it should be expected that the shareholder is not free to compromise or dismiss the suit absent...more

Plaintiff May Recover Statutory Costs After a Voluntary Dismissal

In deSaulles v. Community Hospital of the Monterey Peninsula (H038184, Superior Court No. M85528), the Sixth Appellate District held a plaintiff is entitled to statutory costs as the prevailing party where a voluntary...more

Justice Scalia’s Death Could Affect Outcomes in Class Action Cases

by McGuireWoods LLP on

Government investigations and white collar litigation matters often lead to class action lawsuits by plaintiffs. The Subject to Inquiry Blog takes this opportunity to highlight the potential effects the death of the late...more

Appellate Court Refuses to Vacate Voluntary Dismissal Undertaken With Mistaken Belief Claim Was Time-Barred

by Burr & Forman on

In Cottrell as Trustee v. Taylor, Bean & Whitaker Mortgage Corp., 41 Fla. L. Weekly D141f, 2D14-5885 (Fla. 2d DCA Jan. 8, 2016), Florida’s Second District Court of Appeal examined the applicability of Rule 1.540(b) to notices...more

Florida Appellate Court Rejects Conditional Notices of Voluntary Dismissal – Treats as Totally Ineffectual

by Burr & Forman on

In Wells Fargo Bank v. Lauri Mailloux, 2D14-5116 (Fla. 2d DCA October 30, 2015), the Second District Court of Appeal held that the inclusion of language purporting to render a notice of voluntary dismissal conditional upon an...more

Southern District of Florida Case Challenging Bylaw Requiring Minimum Stake to Sue Dismissed

As we have previously discussed, there has been a growing trend of corporations’ adopting various types of bylaws to define the bounds of shareholder litigation. These include forum-selection bylaws and fee-shifting bylaws...more

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

by Cole Schotz on

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

by Low, Ball & Lynch on

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

by Ifrah PLLC on

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

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

by Moore & Van Allen PLLC on

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

by Brooks Pierce on

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

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