Legal Opinion
Youssef v. Tishman Construction Corp.
Court of Appeals for the Second Circuit
Decided March 10, 2014No. Docket No. 12-4135PublishedCited by 13 opinions
1Opinion of the Court
SACK, Circuit Judge:
This case concerns the proper application of -Federal Rule of Civil Procedure 41(a), which governs the voluntary dismissal of an action. Youssef, the plaintiff and appellant, filed a qui tam action under the federal and New York False Claims Acts. Subsequently, before the defendants had filed an answer or had made a motion for summary judgment, the plaintiff sought to voluntarily dismiss the action. The district court (P. Kevin Castel, Judge) dismissed the action without prejudice as to the United States and the State of New York, but with prejudice as to Youssef. The sole…
2Cases cited15 opinions
- Anago Franchising, Inc. v. SHAZ, LLCCourt of Appeals for the Eleventh Circuit · 2012
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- Lonnie Williams and Thelma Craig, for Themselves and All Others Similarly Situated v. Probate Judge E. Mark EzellCourt of Appeals for the Fifth Circuit · 1976
- In Re: Painewebber Limited Partnerships LitigationCourt of Appeals for the Second Circuit · 1998
- ISC Holding AG v. Nobel Biocare Finance AGCourt of Appeals for the Second Circuit · 2012
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