Mindy Taragan v. Eli Lilly and Company, Inc.
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
This is an appeal from an order by the district court permitting appellee to voluntarily dismiss her complaint under Federal Rule of Civil Procedure 41(a)(2). Because the district court did not adequately explain its refusal to condition the voluntary dismissal on the payment of appellant’s wasted attorneys’ fees, we reverse and remand.
I. Background
The complaint alleges that appellee's mother used DES during pregnancy, resulting in appellee’s cancer. Because the statute of limitations had run in New York, the suit was…
2Cases cited13 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Frances Kern v. Txo Production CorporationCourt of Appeals for the Eighth Circuit · 1984
- Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
- Antowyn Cauley v. John WilsonCourt of Appeals for the Seventh Circuit · 1985
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3Cited by52 opinions
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- Hisler v. Gallaudet UniversityDistrict Court, District of Columbia · 2004
- Thoubboron v. Ford Motor Co.District of Columbia Court of Appeals · 2002
- Carter v. CleggMississippi Supreme Court · 1990
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