Skip to main content
· 9/15/2011

Nelson v. Napolitano

Citations

  • 657 F.3d 586
  • 80 Fed. R. Serv. 3d 899
  • 2011 U.S. App. LEXIS 19033
  • 113 Fair Empl. Prac. Cas. (BNA) 392
  • 2011 WL 4336665

How courts have described this case

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

  • holding that a voluntary, unilateral dismissal does not deprive a district court of jurisdiction to entertain a Rule 60(b) motion
  • concluding that “there may be instances where a district court may grant relief under Rule 60(b) to a plaintiff who has voluntarily dismissed the action” under Rule 4 “Fed[eral] R[ule of] Civ[il] P[rocedure] [ ] 41(a)(1)(i
  • noting that a Rule 41(a)(1)(A)(i) notice “effected the immediate dismissal of the suit,” leaving “[n]o action … for the district court to take”
  • noting that “after a voluntary dismissal under Rule 41(a)(1)(A)(i), a court may still impose sanctions under Federal Rule of Civil Procedure 11.”
  • noting that a Rule 41(a)(1)(A)(i) notice “effected the immediate dismissal of the suit,” leaving “[n]o action . . . for the district court to take”
  • noting that “the purpose of Rule 41(a)(1) is to No. 12‐1710 11 limit a plaintiff’s ability to dismiss an action” (citing Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 397 (1990))

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Rovner, Sykes

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.