Tag Archives: Good Cause

Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice

In Kamal v. Eden Creamery, LLC, No. 21-56260 (9th Cir. Dec. 21, 2023), the panel holds that voluntary dismissal must, as a matter of course, be granted without prejudice under Fed. R. Civ. P. 41(a)(2) unless the defendant can establish that it would suffer legal prejudice, meaning “prejudice to some legal interest, some legal claim,Continue reading “Split Ninth Circuit Panel Holds That It Is an Abuse of Discretion to Deny Voluntary Dismissal Without Prejudice Under Fed. R. Civ. P. 41(a)(2) Unless the Defendant Can Prove Legal Prejudice”