Legal Opinion
Michigan Surgery Investment, LLC v. Arman
Court of Appeals for the Sixth Circuit
Decided December 14, 2010No. 10-1612PublishedCited by 26 opinions
1Opinion of the CourtRogers, J., joined by Batchelder, C.J., and Keith, J.,
(pp. 577-78), delivering a separate concurring opinion.
OPINION
ROGERS, Circuit Judge.
Plaintiff-appellant Michigan Surgery Investment, LLC and its affiliates appeal the dismissal of this civil action with prejudice after the plaintiffs had moved for voluntary dismissal without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Because the district court did not give the plaintiffs notice of its intention to dismiss with prejudice, along with an opportunity to withdraw the request for voluntary dismissal, the court should not have dismissed with prejudice.
This case arises out…
2Cases cited9 opinions
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Mikulski v. Centerior Energy Corp.Court of Appeals for the Sixth Circuit · 2007
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. HerrCourt of Appeals for the First Circuit · 1986
- Bridgeport Music, Inc. v. Universal-MCA Music Publishing, Inc.Court of Appeals for the Sixth Circuit · 2009
- Gaf Corporation v. Transamerica Insurance Company. Gaf Corporation v. Transamerica Insurance CompanyCourt of Appeals for the D.C. Circuit · 1981
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3Cited by26 opinions
- Allen King v. Eric TaylorCourt of Appeals for the Sixth Circuit · 2012
- Kwame Ajamu v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2019
- Mozell v. Commissioner of CorrectionConnecticut Appellate Court · 2014
- Spirit Realty, L.P. v. GH & H Mableton, LLCDistrict Court, S.D. New York · 2017
- Ricky Jackson v. City of ClevelandCourt of Appeals for the Sixth Circuit · 2019
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