Sentences with phrase «voluntary dismissal»

Having been refused the disclosure of a new expert witness, the plaintiff filed a motion for voluntary dismissal without prejudice for which that motion was granted.

Most practitioners are aware of the potential problems and limitations associated with the use of voluntary dismissal without prejudice.

We achieved voluntary dismissal upon preliminary objections in a commercial litigation case.

Drafted motion for summary judgment on behalf of component part manufacturer in a products liability case that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Drafted motion for summary judgment on behalf of a product manufacturer involving the economic loss doctrine and statute of limitations issues that resulted in voluntary dismissal of the plaintiff's claims against the manufacturer.

Representation of construction manager client and defeated owner bankruptcy trustees preference claims seeking the return of progress payments and retainage, obtaining voluntary dismissal of adversary proceeding in favor of client.

Obtained voluntary dismissal with prejudice of action against attorneys based on underlying commercial real estate matter

February 1, 2011 — Livestock growers and two counties — plaintiffs in a lawsuit that asked the federal government to remove Mexican gray wolves from the wild in New Mexico — filed a motion seeking voluntary dismissal of their suit without prejudice (meaning that they could refile a similar suit later).

Obtaining complete voluntary dismissal of a state wage and hour putative class action filed in Washington Superior court against an international retailer (alleging violations of state wage and hour laws concerning payment for training) upon demonstration of compliant policies and practices.

In an important ruling for class action litigants, the Supreme Court held yesterday in Microsoft v. Baker that appellate courts lack jurisdiction to review orders denying class certification following voluntary dismissal with prejudice by the plaintiffs.

After the federal parties filed their notice of appeal to this Court from the District Court's grant of the preliminary injunction as to «indecent» communication, the Court of Appeals for the Ninth Circuit entered an order directing Sable either to file a motion for voluntary dismissal or to show cause why the appeal should not be dismissed for lack of jurisdiction.

Drafted motion for summary judgment for manufacturer in asbestos litigation that resulted in voluntary dismissal of the plaintiffs» claims against the manufacturer.

Achieved voluntary dismissal of related shareholder derivative actions.

Obtained voluntary dismissal in a TCPA fax class action case on behalf of nationwide automotive lender.

Drafted motion for summary judgment on behalf of grocery store that resulted in voluntary dismissal of the plaintiff's claims against the store.

That reflects the results of our voluntary dismissal program.

Most cases are resolved through a pre-trial plea bargain, a voluntary dismissal by a prosecutor who acknowledges that there is no case against you prior to trial, or a conviction of at least something at trial.

Participated in the defense of a manufacturer of industrial machinery components in a federal antitrust class action, which resulted in the voluntary dismissal of the action

The first question on appeal asked: Where there is no discovery violation or other misconduct, does the Rule 219 (e) prohibition against using the voluntary dismissal to avoid compliance with discovery rules, deadlines or orders, apply when the witness disclosure was untimely?

Once that was determined, the rest was easy: a voluntary dismissal of contract claims, if timely, prevents Civil Code section 1717 fee exposure under the Santisas case.

Obtained a voluntary dismissal for an insurance company in a coverage dispute over property damage at a construction site.

In general, a voluntary dismissal (unless it's the second such dismissal associated with that particular claim) just serves to wipe the slate clean — it is as if the suit was never filed.

Successfully defending a petroleum product manufacturer and fuel product refiner in several asbestos litigation cases, including securing the voluntary dismissal of a number of cases in the face of persuasive summary judgment motions.

Ms. Vennos recently defended a $ 27 million business interruption and $ 150 million bad faith claim arising from Hurricane Katrina, which resulted in a voluntary dismissal after five years of litigation.

The trial judge granted the voluntary dismissal without prejudice.

With respect to the fee award in favor of the defense, the appellate court determined that the trial judge erred in not granting plaintiffs» request for a voluntary dismissal of the San Francisco ordinance eviction claim, although it did remand for a look at whether there was another ground for fee entitlement.

Proving prevailing party status may be as simple as judicial notice of a voluntary dismissal or a final judgment.

Everyone agreed that, under Santisas (17 Cal.4 th 599 — one of our Leading Cases), the voluntary dismissal meant no fees based on the contract claims were warranted against Landlords.

If permitted, the voluntary dismissal route would allow a plaintiff to force a court of appeals to hear an appeal where not permitted under Rule 23 (f).

Successfully defended for several years and in multiple jurisdictions a law firm that had advised Enron before its collapse, finally obtaining the voluntary dismissal of the claims by the shareholder class without any settlement or payment.

If the paperwork is already on file with the North Carolina courts, withdrawing it is simply a matter of asking the court for a voluntary dismissal.