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· 7/26/1979

Exxon Corporation v. Maryland Casualty Company

Citations

  • 599 F.2d 659
  • 54 A.L.R. Fed. 207
  • 27 Fed. R. Serv. 2d 1415
  • 1979 U.S. App. LEXIS 12880

How courts have described this case

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

  • concluding that an invalid attempt to dismiss a claim under Rule 41(a) meant that the claim was “still pending in district court”
  • noting that a plaintiff’s right to a voluntary dismissal “is not cut off by a motion to dismiss”
  • stating that an amendment under Rule 15 is the proper vehicle through which a party may dismiss a claim against a defendant
  • recognizing the district court converted a motion to dismiss into a motion for summary judgment where the motion to dismiss included matters outside the pleadings
  • noting that \the purpose of the rule is to permit a plaintiff to take the case out of court at an early stage if no other will be prejudiced\
  • distinguishing between impermissible Rule 41(a) dismissals of individual claims and permissible Rule 41(a) dismissals of individual defendants

Source: CourtListener parenthetical corpus (CC0).

Judges: Rubin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.