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

Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit

In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”

Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291

In City of Burnsville  v.  Koppers, Inc., No. 21-3177 (8th Cir. July 19, 2023), a split Eight Circuit panel dismisses an appeal that it holds arose from a non-final judgment, where the parties agreed to voluntarily dismiss all remaining claims without prejudice to appeal a contested issue of law. “Several cities in Minnesota allege thatContinue reading “Split Eighth Circuit Panel Holds That Voluntary Dismissal of Pending Claims Against Some Defendants Without Prejudice Did Not Create “Final Decision” or Appellate Jurisdiction Under 28 U.S.C. § 1291”