James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.

How courts have described this case

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

• noting “it is clear that the mere inconvenience of defending another lawsuit 9 does not constitute plain legal prejudice.”
• citing, inter 25 alia, Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir. 1980); Blue Mountain 26 Constr. Corp. v. Werner, 270 F.2d 305, 306 (9th Cir. 1959), cert. denied, 361 U.S. 931 27 (1960)
• “a voluntary dismissal under Rule 41(a)(2) is addressed to the sound discretion of the District Court, and its order will not be reversed unless the District Court has abused its discretion”
• “The very purpose of Rule 41(a)(2) is to allow a District Court, in its 4 discretion, to dismiss an action without prejudice even after responsive pleadings have 5 been filed by the defendant.”
• “[T]he mere inconvenience of defending another lawsuit does not constitute plain legal prejudice.”
• setting forth standard of review

Source: CourtListener parenthetical corpus (CC0).