The Eleventh Circuit in Weinstein v. 440 Corp., No. 23-13807 (11th Cir, July 25, 2025), holds that there is a final judgment when an individual plaintiff in a multi-plaintiff case voluntarily dismisses all of their claims against all defendants in a case under Fed. R. Civ. P. 21 or 41(a). Rule 41(a) allows a plaintiffContinue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 21 and 41(a) Permits the Dismissal of a Single Plaintiff in a Multiple-Plaintiff Case, Provided That All of Their Claims Are Dismissed”
Tag Archives: Fed. R. Civ. P. 41
Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint
In United States ex rel. Weiner v. Siemens AG, No. 22-2656_(2d Cir. Nov. 28, 2023), the panel vacates dismissal of a False Claims Act (FCA) for failure of service of process, holding that the time for service under Fed. R. Civ. P. 4(m) never triggered because the court never ordered service under 31 U.S.C. §Continue reading “Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint”
Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split
In Donahue v. FNMA, No. 19-1618 (1st Cir. Aug. 14, 2020), the court holds that a notice of appeal filed before the last of the parties is dismissed does not confer appellate jurisdiction and cannot be corrected later by filing a voluntary dismissal in the district court. At least three circuits have held, to theContinue reading “Premature Notice of Appeal Tanks Jurisdiction, Holds First Circuit, Creating Circuit Split”
Paul Mollica's Federal Courts Blog 