Legal Opinion · Concurring in part, dissenting in part
ISC Holding AG v. Nobel Biocare Finance AG
Court of Appeals for the Second Circuit
Decided July 25, 2012No. 10-4867-cv(L), 11-239-cv(CON)Published
1Concurring in part, dissenting in partStraub, Circuit Judge
According to the majority, a petitioner who files an action to compel arbitration under § 4 of the Federal Arbitration Act (“FAA”) has no right to unilaterally dismiss that action under Rule of the Federal Rules of Civil Procedure.
But Rule 41 expressly grants a plaintiff the right to unilateral dismissal, so long as he files the necessary notice before his adversary serves either an answer or a motion for summary judgment. By the plain text of Rule 41, then, a § 4 petitioner could seemingly dismiss his action unilaterally, so long as he files a notice of dismissal prior to his adversary’s…
2Cases cited40 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
- Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010
- Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2000
- Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
35 more not listed; retrieve them via the Exa API.