· 3/14/1995
James L. Beck v. Caterpillar Inc. And United Automobile, Aerospace and Agricultural Implement Workers of America
Citations
- 50 F.3d 405
- 31 Fed. R. Serv. 3d 695
- 148 L.R.R.M. (BNA) 2801
- 1995 U.S. App. LEXIS 4924
- 1995 WL 104814
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the statute of limitations was not tolled and continued to run when plaintiff voluntarily dismissed his first suit under Rule 41(a)
- holding that the statute of limitations was not tolled and continued to run when plaintiff voluntarily dismissed his first suit under Rule 41(a)
- when timeliness of purely federal claim filed in federal court is measured by federal statute of limitations, state savings statute does not apply
- “[T]hat suit was voluntarily dismissed pursuant to FED. R. CIV. P. 41(a), and is treated as if it had never been filed.”
- “While [plaintiff’s] first lawsuit was filed within the limitations period, that suit was voluntarily dismissed . . . and is treated as if it had never been filed.”
- the statute of limitations continues to run during the pendency of a timely filed case, and a voluntarily dismissed suit “is treated as if it had never been filed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Cudahy, Grant
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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