Marques v. Federal Reserve Bank of Chicago

How courts have described this case

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

• recognizing that a judgment on the merits entered after a plaintiff has filed a proper Fed. R. Civ. R 41(a)(1) notice of dismissal is void
• holding that a motion to dismiss under Fed. R. Civ. P. 12(b)(6) is insufficient to disturb the absolute right to dismiss a suit voluntarily under Rule 41(a)(1) in absence of answer or motion for summary judgment
• holding that a motion to dismiss under Fed. R. Civ. P. 12(b)(6) is insufficient to disturb the absolute right to dismiss a suit voluntarily under Rule 41(a)(1) in absence of answer or motion for summary judgment
• noting that a defendant opposing a plaintiff voluntarily dismissing a case “has the burden of proving the sequence of the submissions”
• reversing the judgment and ordering dismissal without prejudice, but warning the plaintiffs that if they “attempt to bring a new suit similar to the one they are dismissing, namely a fraudulent and possible criminal suit, they will be subject to the appropriate sanctions”
• “A legal error by the district court is not one of the specified grounds for such a motion.- In fact it is a forbidden ground,.,.”

Source: CourtListener parenthetical corpus (CC0).