Berthold Types Limited v. Adobe Systems Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a judge erred granting motion to dismiss based on a “contract, which was not part of the complaint”
• noting that Rule 41(a)(1) “speaks of dismissing ‘a1 action’—which is to say, the whole case” rather than “of dismissing one claim it a suit”
• observing that Rule 41(a) does not permit “dismissing one claim in a suit” but instead is a mechanism by which a plaintiff may dismiss “the whole case”
• holding, in an action 23 alleging breach of contract and Lanham Act claims, that the prevailing party was entitled to recover attorney’s fees on both claims under the parties’ agreement
• noting that Rule 41(a)(1) speaks in terms of dismissing an action, not a claim
• noting that Rule 41(a)(1) speaks in terms of dismissing an action, not a claim

Source: CourtListener parenthetical corpus (CC0).