News & Analysis as of

Voluntary Dismissals

Roetzel & Andress

Ohio Court Rules Property Owner Can Recover Attorney Fees When Eminent Domain Case Is Dismissed by the Taking Authority

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In the case of N. Ridgeville v. Zilka, 9th Dist. Lorain No. 23CA012047, 2024-Ohio-2468, Ohio’s Ninth District Court of Appeals addressed the ability of a property owner in an eminent domain action to recover attorney fees...more

McDermott Will & Emery

Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more

Bennett Jones LLP

Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

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Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-7(7) of...more

Jenner & Block

“Must’ve Never Met Her”: Luke Combs & Personal Service Under Illinois Law

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On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more

BakerHostetler

Voluntary Dismissal as DOJ Contemplates Future of Criminal No-Poach Cases

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As we previously wrote, the Department of Justice’s (DOJ) April 2023 loss in United States v. Patel, its fourth in a criminal no-poach case, cast a pall over the agency’s enforcement efforts. The following month, the DOJ...more

Gray Reed

Tax Court Confirms Taxpayer’s Right to Dismiss Their Own Lawsuit

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An interesting recent Tax Court decision seems to indicate that taxpayers have clear autonomy with regards to judicial review as well as retracting judicial review of “seriously delinquent tax debt.” ...more

Farrell Fritz, P.C.

SDNY Decision Denies Motion to Redact FCA Complaint: By Filing, Relator Took Calculated Risk of the Negative Consequences of...

Farrell Fritz, P.C. on

The recent settlement of a False Claims Act case afforded SDNY Judge Ronnie Abrams the opportunity to address the standard for redacting a qui tam Relator’s FCA complaint.  Judge Abrams decided that Relator Devin English had...more

McGlinchey Stafford

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

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Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Dickinson Wright

Effect of a Stipulated Dismissal “Without Prejudice” on Appellate Jurisdiction

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On occasion, a plaintiff faced with the dismissal of one or more, but not all, of its claims may wish to pursue an immediate appeal without losing the ability to pursue its remaining claims later on. A similar situation...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 14, 2022

Carlton Fields on

Dismissal / Fees & Costs: While not an adjudication on the merits, a voluntary dismissal generally entitles a defendant to attorneys' fees as the prevailing party - Catamaran B.Y., Inc. v. Giordano, No. 3D21-369 (Fla. 3d DCA...more

Best Best & Krieger LLP

Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision

Court Raises the Bar on Appeals Following Voluntary Dismissal - A plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims, the U.S. Ninth Circuit Court of...more

Nelson Mullins Riley & Scarborough LLP

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

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

K&L Gates LLP

Voluntary Dismissal in North Carolina: A Primer

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North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case. This is in contrast to the Federal Rules of Civil Procedure and the rules...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available

Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require,...more

Jones Day

American Rule Applied to PTAB Attorney’s Fees

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In Amneal Pharmaceuticals LLC v. Almirall, LLC, the Federal Circuit recently found 35 U.S.C. § 285 did not authorize the Court awarding attorney’s fees for conduct occurring at the PTAB. No. 2020-1106, 2020 WL 2961939, at *2...more

McGlinchey Stafford

Does my release bar a future claim?

McGlinchey Stafford on

The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more

Jackson Walker

The Fifth Circuit Returns Common Sense to the Law of Appellate Jurisdiction

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The United States Court of Appeals for the Fifth Circuit has issued an en banc decision in Williams v. Taylor Seidenbach Incorporated that is designed to re-connect the law of federal appellate jurisdiction with common sense....more

Mintz - Intellectual Property Viewpoints

PTAB’s Decision Providing Factors for Denying Institution Based on Close Trial Date is Precedential; PTAB De-Designates One-Year...

On May 5, 2020, the Patent Trial and Appeal Board (“PTAB”) designated one decision as precedential and removed the precedential designation on another. The newly-designated precedential opinion lays out factors that the PTAB...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Holds that Accused Infringers that Invalidate Asserted Patents at the PTAB Can Be a Prevailing Party Under Section...

Last week, the Federal Circuit, in a precedential decision, reinforced that an accused infringer can be a “prevailing party” for the purposes of seeking attorneys’ fees under 35 U.S.C. § 285 when it successfully invalidates...more

Knobbe Martens

Stay of District Court Proceedings Followed by a Voluntary Dismissal Is Not a Final Court Decision Under 35 U.S.C. § 285

Knobbe Martens on

O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC - Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal,...more

McDermott Will & Emery

Voluntary Dismissal Does Not Preclude Attorney’s Fees under Rule 54(d)

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a district court’s denial of attorney’s fees, finding that voluntary dismissal with prejudice constituted a final judgment for the purposes of FRCP Rule 54(d) under...more

Knobbe Martens

Voluntary Dismissal With Prejudice Does Not Preclude Attorney’s Fees

Knobbe Martens on

KEITH MANUFACTURING CO. v. BUTTERFIELD - Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court for the District of Oregon. Summary: A voluntary dismissal with prejudice under Rule 41(a)...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Papst Licensing GMBH & Co. v. Samsung Elec. Am., Inc., 924...

Samsung successfully petitioned for inter partes review (IPR) of several of Papst’s patents, including U.S. Patent No. 9,189,437. Prior to the Patent Trial and Appeal Board (PTAB) finding the claims of the ’437 patent...more

Robins Kaplan LLP

Financial Daily Dose 2.4.2020 | Top Story: Tesla Stock Hits New Highs on Reports From Battery Partners

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It’s all coming up Elon these days for Tesla and its stock. “Positive developments” from the electric carmaker’s battery suppliers helped goose shares even higher, ending the day at $780/share—a nearly 20% gain since Friday....more

Mintz - Intellectual Property Viewpoints

Federal Circuit Awards Attorney Fees to the Defendant Following Dismissal of Lawsuit by Plaintiff

The Federal Circuit affirmed a district court award of over $360,000 in costs and attorneys’ fees against a non-practicing entity, citing the need “to deter future abusive litigation.” In October 2016, Blackbird sued...more

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