· 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 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.