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

Nelson Mullins Riley & Scarborough LLP

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.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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