Fixing Rule 41: A Balanced Approach To Voluntary Dismissal


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.

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Related Contacts
Adam Gershenson Partner Boston
William O'Connor Partner San Diego
Elizabeth Wright Special Counsel Boston