Legal Opinion

In Re Bath & Kitchen Fixtures Antitrust Litigation

Court of Appeals for the Third Circuit

Decided July 28, 2008No. 07-1520PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Chief Judge.

Plaintiffs appeal the District Court’s order striking as untimely their notice of voluntary dismissal filed under Fed. R.Civ.P. 41(a)(1)(A)®. We will vacate and remand with instructions to enter an order dismissing the complaint without prejudice.

I

Purchasers of bath and kitchen plumbing fixtures filed putative class action complaints against manufacturers, alleging a price-fixing conspiracy .in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Seventeen cases were consolidated in the District Court. Instead of filing an answer, defendants moved…

2Cases cited14 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Stanford Shane Otis Terrell Robert Stewart v. William Fauver, Commissioner James Barbo, Administrator Rogers, Chief Director of CustodyCourt of Appeals for the Third Circuit · 2000
  3. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  4. American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
  5. Timothy S. Hamilton v. Shearson-Lehman American Express, Inc., a Delaware Corporation, Van Ridgeway, Charles Hilton, and Robert ChandlerCourt of Appeals for the Ninth Circuit · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. In Re Schaefer Salt Recovery, Inc.Court of Appeals for the Third Circuit · 2008
  2. State National Insurance v. County of CamdenCourt of Appeals for the Third Circuit · 2016
  3. Island Tile & Marble, LLC v. BertrandSupreme Court of The Virgin Islands · 2012
  4. Jesse Polansky v. Executive Health Resources IncCourt of Appeals for the Third Circuit · 2021
  5. Leo Noga v. Fulton Financial Corp EmployeeCourt of Appeals for the Third Circuit · 2021

40 more not listed; retrieve them via the Exa API.

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