· 8/20/1987
Jeno F. Paulucci and Lois Paulucci v. City of Duluth and Lake Superior Paper Industries
Citations
- 826 F.2d 780
- 8 Fed. R. Serv. 3d 835
- 1987 U.S. App. LEXIS 11021
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing that ongoing uncertainty over a title to land constituted prejudice
- noting the primary purpose of requiring a court order to approve a voluntary dismissal under Rule 41(a)(2) is “to prevent voluntary dismissals which unfairly affect the other side”
- Eighth Circuit looks to the four Paulucci factors in deciding whether a Rule 41(a)(2) motion should be granted. Two of the factors are whether a motion for summary judgment has been filed and sufficient explanation of the need.
- factors to be considered in deciding a Rule 41(a)(2) motion include “(1) the defendant’s effort and the expense involved in preparing for trial, (2) excessive delay and lack of diligence on the part of the plaintiff in prosecuting the action, (3
- courts consider “(1) the defendant’s effort and the expense involved in preparing for trial, (2) excessive delay and lack of diligence on the part of the plaintiff in prosecuting the action, (3) insufficient explanation of the need to take a dismissal, and (4
Source: CourtListener parenthetical corpus (CC0).
Judges: McMillian, Fairchild, Gibson
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.