Legal Opinion
Mario Lopez Garza v. Citigroup Inc
Court of Appeals for the Third Circuit
Decided February 2, 2018No. 17-1039PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
CONTI, Chief District Judge
Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award attorneys’ fees as “costs” under Rule 41(d). We conclude that attorneys’ fees may only be awarded as “costs” under Rule 41(d) when the substantive statute under which…
2Cases cited22 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
17 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- In Re Energy Future Holdings Corp.Court of Appeals for the Third Circuit · 2018
- George Falcone v. Neil DicksteinCourt of Appeals for the Third Circuit · 2024
- Fed. Trade Comm'n v. Shire Viropharma, Inc.Court of Appeals for the Third Circuit · 2019
- Craig Moskowitz v. American Savings BankCourt of Appeals for the Ninth Circuit · 2022
- United States v. Wayne JamesCourt of Appeals for the Third Circuit · 2020
52 more not listed; retrieve them via the Exa API.