Elbaor v. Tripath Imaging, Inc.

How courts have described this case

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

• explaining that in the absence of abuse by the movant, motions for voluntary dismissal should be freely granted unless the nonmoving party will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.
• prejudice found where defendant would be stripped of “viable statute of limitations defense” if dismissal were granted without prejudice
• “[M]otions for voluntary dismissal should be freely granted unless the non-moving party will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.”
• costs of preparing for trial, including attorney’s fees, do not constitute legal prejudice

Source: CourtListener parenthetical corpus (CC0).