Beth B. Pontenberg v. Boston Scientific

How courts have described this case

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

• concluding that “plain legal prejudice” is not necessarily shown even if a party seeks dismissal of a claim at the summary judgment stage
• explaining that Rule 41(a) “allows the court to prevent prejudice to the defendant in such cases by attaching conditions to the dismissal”
• explaining that the district court did not abuse its discretion in granting plaintiff’s motion to dismiss even though her case was at the summary judgment stage and her lawyer failed to comply with expert disclosure requirements
• reviewing trial court's federal Rule 41(a) decision for abuse of discretion and applying clear legal prejudice standard
• approving of dismissal without prejudice conditioned on payment of costs to defendant if plaintiff later refiled
• approving of dismissal without prejudice conditioned on payment of costs to defendant if plaintiff later refiled

Source: CourtListener parenthetical corpus (CC0).