Susan Camilli v. Charles Grimes, Docket No. 05-1914-Cv

How courts have described this case

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

• holding that “plain legal prejudice” concerns “the plight of a defendant who is ready to pursue a claim against the plaintiff in the same action that the plaintiff is seeking to have dismissed”
• explaining that the Supreme Court clearly established the “right to dismiss . . . is absolute. It does not depend on the reasons which the plaintiff offers for his action.”
• reviewing a Rule 41(a) dismissal without prejudice, rather than with prejudice, for abuse of discretion
• directing courts to apply the Zagano factors in the “typical case of a Rule 41(a)(2) dismissal without prejudice, [in which] the plaintiff has obtained the unfettered right to renew the action against the defendant.”
• allowing a defendant to appeal the dismissal of a complaint without prejudice
• explaining that the Supreme Court clearly established the “right to dismiss . . . is absolute. It does not depend on the reasons which the plaintiff offers for his action. The fact that he may not have disclosed all his reasons, or may not have given the real one, cannot affect his right.”

Source: CourtListener parenthetical corpus (CC0).