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Civil Procedure Keyed to Glannon
In re Bath and Kitchen Fixtures Antitrust Litigation
Citation:
535 F.3d 161 (3d Cir. 2008)Facts
Plaintiffs filed a putative class action lawsuit against Defendants, alleging a price fixing conspiracy in violation of federal antitrust laws. Rather than filing an answer, Defendants moved to dismiss the complaint for failure to state a claim. The court’s decision on the dismissal motion allowed Plaintiffs to amend their complaint to add more facts; Plaintiff instead filed a notice of voluntary dismissal of the complaint under Federal Rule of Civil Procedure 41(a)(1). Defendants asked the court to enter an order of dismissal, with prejudice. The court struck the Plaintiff’s notice of dismissal and entered an order dismissing the complaint. Plaintiffs appealed.
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