· 9/9/1991
Barbara Fisher v. Puerto Rico Marine Management, Inc.
Citations
- 940 F.2d 1502
- 20 Fed. R. Serv. 3d 894
- 1991 U.S. App. LEXIS 20892
- 1991 WL 160058
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming district court’s denial of a Rule 41(a)(2) motion under abuse of discretion standard and noting the Rule 41(a)(2) motion was filed after the trial brief was filed
- affirming district court’s denial of motion to voluntarily dismiss where plaintiff filed motion “well over a month after the latest date on which she might have discovered the information that supported these motions”
- affirming district court’s denial of Rule 41(a)(2) motion when the plaintiff filed the motion over a month after she should have discovered the information supporting her intent to add a new defendant and include new theories of recovery
- upholding denial of voluntary dismissal where the trial court found that “dismissal would result in plain prejudice . . . in several ways beyond the mere prospect of a second suit” including “hav[ing] a prejudicial impact upon the availability and recollection of witnesses”
- ‘[I]n most cases a voluntary dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit.”’
- “[W]e have said that in most cases a voluntary dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Kravitch, Edmondson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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