News & Analysis as of

Voluntary Dismissals

Alston & Bird

Challenge to Utah’s App Store Accountability Act Voluntarily Dismissed Following Statutory Amendments

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On April 21, 2026, the Computer & Communications Industry Association (trade association) voluntarily dismissed its constitutional challenge to the Utah App Store Accountability Act (ASAA). The dismissal follows statutory...more

Knobbe Martens

No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay

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ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. - Before Lourie, Chen, and Stoll. Appeal from the United States District Court for the Northern District of California. A respondent in an ITC proceeding may not seek a...more

Orrick, Herrington & Sutcliffe LLP

DOJ voluntarily dismisses predatory lending case, plans to implement settlement without court oversight

On April 10, DOJ and the defendants in a predatory lending and land sales case jointly filed a stipulation of voluntary dismissal with prejudice in the U.S. District Court for the Southern District of Texas, Houston Division,...more

McDermott Will & Schulte

Game over: No self-help clock reset for mandatory stay request

The US Court of Appeals for the Federal Circuit held that a respondent in a US International Trade Commission proceeding may not seek a mandatory stay of a companion federal district court case under 28 U.S.C. § 1659(a)(2) by...more

Falcon Rappaport & Berkman LLP

When the Automatic Stay Is Not Automatic: Bankruptcy Court Upholds Foreclosure Sale Under 11 U.S.C. § 109(g)

In a recent decision from the United States Bankruptcy Court for the Eastern District of New York, In re Frederica West (January 7, 2026; 24-44469), Bankruptcy Judge Elizabeth S. Stong clarified the limits of the automatic...more

Kelley Drye & Warren LLP

CIT Outlines Next Steps for China Section 301 Litigation

As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s (CIT) decision upholding the Section 301 China tariffs imposed during President...more

Husch Blackwell LLP

Wisconsin NBA Preemption Case Is Voluntary Dismissed

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As we last updated, the Wisconsin Supreme Court accepted review of Riffard v. Bank of America, which raised the question of whether the National Bank Act (NBA) preempts the Wisconsin Consumer Act’s (WCA) notice of default and...more

Knobbe Martens

The Consequences of Converting Voluntary Dismissals

Knobbe Martens on

FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION - Before Reyna, Bryson, and Stoll.  Appeal from the United States District Court for the Western District of Texas. The district court’s conversion of the...more

McDermott Will & Schulte

Prevailing party: Dismissal with prejudice will do it

The US Court of Appeals for the Federal Circuit found that a district court erred in denying fees and costs to the prevailing party (here, the defendant), but upheld the district court’s denial of Rule 11 sanctions. Future...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for July 2025

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine the following matters: • An SEC complaint alleging a Georgia...more

Orrick, Herrington & Sutcliffe LLP

District court allows plaintiffs to drop the case challenging CFPB’s medical debt rule

On August 1, the U.S. District Court for the Southern District of Texas dismissed without prejudice a case against the CFPB’s medical debt rule (covered by InfoBytes here) following the plaintiffs’ request to withdraw their...more

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

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In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

Vedder

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

Vedder on

On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did...more

Orrick, Herrington & Sutcliffe LLP

Baltimore voluntarily dismisses case seeking to prevent transfer of CFPB funds outside the Bureau

On May 29, the Mayor and City Council of Baltimore filed a notice in the U.S. District Court for the District of Maryland to voluntarily dismiss their case against the CFPB and Russell Vought. As previously covered by...more

Fisher Phillips

SCOTUS Ruling Expands Path for Plaintiffs to Revive Dismissed Lawsuits: What Employers Need to Know

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A new Supreme Court decision just made it easier for employees to revive lawsuits they voluntarily dismissed – in some cases, even after the statute of limitations has expired. In Waetzig v. Halliburton Energy Services, the...more

Dorsey & Whitney LLP

The Supreme Court Update - February 26, 2025

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The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more

McDermott Will & Schulte

A Lesson in Judicial Principles: No Dismissal After Decision

The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but...more

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 & Schulte

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

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

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