· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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