Commercial Litigation and Arbitration

October 10, 2007

Federal Rule of Civil Procedure 41(d) provides that you don’t get two bites at the apple free. A voluntary dismissal followed by refiling the same action subjects the plaintiff to paying the ‛costs“ of the defendant in the first action, in the discretion of the judge in action number 2: If a plaintiff who has once dismissed an action in an ...
Federal Rule of Civil Procedure 41(d) provides that you don’t get two bites at the apple free. A voluntary dismissal followed by refiling the same action subjects the plaintiff to paying the ‛costs“ of the defendant in the first action,…

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