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