Skip to main content
· 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 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.