Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

Law360

As written and often applied, Federal Rule of Civil Procedure 41 – governing voluntary dismissal – allows claimants to aggressively pursue baseless claims, essentially risk-free. The rule should be recalibrated to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits.

Read the article

Related Contacts
Adam Gershenson Partner, Boston
William O'Connor Partner, San Diego
Elizabeth Wright Associate, Boston