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· 10/15/2013

LeFer v. Murry

Citations

  • 978 F. Supp. 2d 1177
  • 2013 WL 5651415
  • 2013 U.S. Dist. LEXIS 148331

How courts have described this case

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

  • finding that “only those fees representing work that could not be used in subsequent litigation on the same claims should be awarded”
  • finding that “only those fees representing work that could not be used in subsequent litigation on the same claims should be awarded”
  • awarding costs and fees incurred in responding to the plaintiff’s motion to amend and remand, motion to dismiss, attending the Rule 16 conference, and the $150 removal filing fee where plaintiff filed a second suit in state court
  • “[T]he overwhelming majority of cases that have considered the issue have held that the fact that a voluntary dismissal will destroy federal jurisdiction is insufficient to constitute prejudice to a defendant.”
  • “[T]he overwhelming majority of cases that have considered the issue have held that the fact that a voluntary dismissal will destroy federal jurisdiction is insufficient to constitute prejudice to a defendant.”
  • “because the purpose of the award is to ensure that a defendant does not have to defend the case twice, only those fees representing work that could not be used in subsequent litigation on the same claims should be awarded.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Molloy

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.