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· 7/19/1991

Phillip Davis, Jr., and Betty Ann Davis v. Huskipower Outdoor Equipment Corporation

Citations

  • 936 F.2d 193
  • 20 Fed. R. Serv. 3d 229
  • 1991 U.S. App. LEXIS 15520
  • 1991 WL 117284

How courts have described this case

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

  • noting that prior to filing for voluntary dismissal, a magistrate judge made a comprehensive recommendation that was adverse to the moving party
  • noting that prior to filing for voluntary dismissal, a magistrate judge made a comprehensive recommendation that was adverse to the moving party
  • explaining that dismissal under Rule 41(a)(2) is discretionary and should be granted only if it will not “prejudice” the defendant
  • affirming refusal to dismiss defendant more than a year after the case was removed to federal court
  • affirming the district court's dismissal of a claim with prejudice where the plaintiff requested dismissal without prejudice after a year's litigation and only after obtaining an unfavorable ruling on the claim
  • affirming denial of Rule 41(a)(2) motion for voluntary dismissal without prejudice where plaintiffs sought dismissal only “after the magistrate had considered the case and issued a comprehensive recommendation that was adverse to their position”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Garwood, Duhé

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.