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· 6/12/1981

Forst v. Rockingham Poultry Marketing Cooperative, Inc.

Citations

  • 222 Va. 270
  • 279 S.E.2d 400
  • 1981 Va. LEXIS 300

How courts have described this case

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

  • holding that after the plaintiff voluntarily dismissed its action, “the district court had no discretion to allow [a nonparty] to intervene in the defunct action”
  • concluding district court abused its discretion in vacating a dismissal under a prior version of the same rule, emphasizing that the notice of dismissal was “self-executing” the moment the notice was filed with the clerk and no judicial approval was required
  • explaining that a voluntary dismissal under what is now Rule 41(a)(1)(A)(i) “is available as a matter of unconditional right and is self-executing, i.e., it is effective at the moment the notice is filed with the clerk and no judicial approval is required” (citations omitted)
  • confining interpretation of civil rule to plain meaning of the text
  • applying the plain language of Rule 41 and explaining that “’[w]e give the Federal Rules of Civil Procedure their plain meaning’” (citing Pavelic & LeFlore v. Marvel Entm’t Grp., 493 U.S. 120, 123 (1989))
  • confining interpretation of civil rule to plain meaning of the text

Source: CourtListener parenthetical corpus (CC0).

Judges: Stephenson

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.