Hyde v. Hoffmann-La Roche, Inc.

OWEN, Circuit Judge:

The issue in this diversity case is whether the district court abused its discretion in granting the plaintiffs motion to dismiss voluntarily all his claims without prejudice. Because the defendants would potentially be stripped of a defense based on a Texas statute of repose, 1 we vacate and remand for further proceedings.

I

George W. Hyde, a Texas citizen, sued Hoffman-La Roche Inc. and Roche Laboratories Inc., claiming he suffered physical and psychological injuries from ingesting the prescription drug Accutane during the early 1980s. The defendants are, respectively, the…