Legal Opinion
Timothy S. Hamilton v. Shearson-Lehman American Express, Inc., a Delaware Corporation, Van Ridgeway, Charles Hilton, and Robert Chandler
Court of Appeals for the Ninth Circuit
Decided April 7, 1987No. 85-6511PublishedCited by 96 opinions
1Opinion of the Court
MARQUEZ, District Judge:
Hamilton appeals the District Court’s order which denied him the right to voluntarily dismiss his complaint under Rule 41(a)(l)(i), Fed.R.Civ.P. Hamilton contends the rule confers an absolute right upon a plaintiff to dismiss an action by filing a notice of dismissal prior to an answer or a motion for summary judgment. We agree and reverse the order of the District Court.
A. Procedural History
Hamilton filed his complaint in the District Court of the Southern District of California on August 23, 1984. On September 18, 1984, the parties entered into a stipulation stating…
2Cases cited15 opinions
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- Edward O. Thorp v. John Scarne and Simon & Schuster, Inc.Court of Appeals for the Second Circuit · 1979
- D. C. Electronics, Inc. v. Nartron Corp. And Norma RautiolaCourt of Appeals for the Sixth Circuit · 1975
- Universidad Central Del Caribe, Inc. v. Liaison Committee on Medical EducationCourt of Appeals for the First Circuit · 1985
- Merit Insurance Company v. Leatherby Insurance CompanyCourt of Appeals for the Seventh Circuit · 1978
10 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Wilson v. City of San JoseCourt of Appeals for the Ninth Circuit · 1997
- Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
- PTA-FLA, Inc. v. ZTE USA, Inc.Court of Appeals for the Eleventh Circuit · 2016
- Sanford v. Memberworks, Inc.Court of Appeals for the Ninth Circuit · 2007
- QUANTO INTERN. CO., INC. v. Lloyd, Texas Court of Appeals, 1st District (Houston)1995
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