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· 7/31/1980

Tyco Laboratories, Inc. v. Koppers Company, Inc.

Citations

  • 627 F.2d 54
  • 30 Fed. R. Serv. 2d 261
  • 1980 U.S. App. LEXIS 15246

How courts have described this case

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

  • asserting the plaintiff agreed to utilize the evidence discovered thus far in any subsequent action
  • the commencement of discovery alone does not create plain legal prejudice needed to defeat dismissal without prejudice
  • “[W]e expressly observed that the prospect of a second lawsuit would not be sufficient to meet [the plain legal prejudice] standard.”
  • voluntary dismissal would not prejudice the defendants because discovery was not sufficiently extensive, despite deposing some witnesses
  • “the mere prospect of a second lawsuit” does not constitute “plain legal prejudice” that would preclude the voluntary dismissal of a defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Pell, Wood, Baker

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.