· 4/16/1999
Holste v. Burlington Northern Railroad
Citations
- 592 N.W.2d 894
- 256 Neb. 713
- 1999 Neb. LEXIS 79
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding plaintiff’s right to voluntary dismissal before final submission “is not absolute”
- court can deny party's voluntary dismissal where party is necessary party to another claim in same action
- defendant in \any case\ has right to proceed to trial on counterclaim or setoff \although the plaintiff may have dismissed the action or failed to appear\
- court can deny party’s voluntary dismissal where party is necessary party to another claim in same action
- “Under Nebraska law, the focus is on the defendant’s actions regardless of the capacity in which those actions were undertaken.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Connolly, Gerrard, McCormack, Hannon, White, Stephan
Read full opinion on CourtListenerSourced 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.