Witherbee Igniter Co. v. Witherbee Manufacturing Co.

How courts have described this case

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

• recognizing that a voluntary dismissal with prejudice of all remaining claims results in an appealable final judgment permitting review of all earlier orders
• holding that a voluntary dismissal without 4 prejudice “leaves the parties as though no action had been brought”
• holding that “a person designated in the Plan as a ‘named fiduciary1 is subject to liability” but that “there need not be an express delegation of fiduciary duty in the Plan instrument itself’
• holding that “Rule 9(b) is not applicable in cases in which the complaint alleges breaches of fiduciary duty under ERISA, and does not allege fraud or mistake”
• holding that “Rule 9(b) is not applicable in cases in which the complaint 23 alleges breaches of fiduciary duty under ERISA, and does not allege fraud or mistake”
• holding that a plaintiff may appeal a voluntary dismissal “when it is with prejudice to his right to commence another action for the same cause or otherwise subjects him to prejudicial terms or conditions”

Source: CourtListener parenthetical corpus (CC0).