Tag Archives: Fed. R. Civ. P. 41(a)(1)(A)(i)

Tenth Circuit Holds District Court May Not Use Fed. R. Civ. P. 60(b) to Reopen a Case Voluntarily Dismissed Under Fed. R. Civ. P. 41(a), Creating Split with the Fifth Circuit

In Waetzig v. Halliburton Energy Services, No. 22-1252 (10th Cir. Sept. 11, 2023), a 2-1 panel of the Tenth Circuit holds that a district court lacks power under Rule 60(b) to reopen a case voluntarily dismissed by a plaintiff under Rule 41(a), because such a dismissal is not a “a final judgment, order, or proceeding.”Continue reading “Tenth Circuit Holds District Court May Not Use Fed. R. Civ. P. 60(b) to Reopen a Case Voluntarily Dismissed Under Fed. R. Civ. P. 41(a), Creating Split with the Fifth Circuit”