April 10, 2024
“Generally speaking, the practitioners will tell you that the rule needs to change. How the rule needs to change remains somewhat of a debate,” said U.S. District Judge Cathy Bissoon of the Western District of Pennsylvania.
A U.S. judiciary panel is suggesting that a federal rule be amended to give parties more flexibility to voluntarily dismiss individual claims rather than entire lawsuits.
The Committee on Civil Rules subcommittee is considering the breadth of Rule 41, which allows for the voluntary dismissal of “actions” or an “action.”
U.S. District Judge Cathy Bissoon said a subcommittee weighing changes to the rule is leaning toward tweaking it to clarify that “action” means single claims and not an entire complaint—a question that has divided some judges. She said the subcommittee has gathered opinions from lawyers and judges.
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Cohen Milstein Sellers & Toll partner Joseph Sellers said the signature requirement should apply to the parties to the claim being dismissed and the defense.
“I think in cases where there are multiple defendants, their interests are not always aligned,” Sellers said.
Read US Judiciary Panel Suggests Giving Plaintiffs More Flexibility to Voluntarily Narrow Claims.