· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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