United States Second Circuit

Order awarding defendant damages from security posted by plaintiff upon the grant of a temporary restraining order is vacated and remanded, where: 1) the district court retained jurisdiction to award such damages from the security after plaintiff's notice of voluntary dismissal under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure; 2) the district court must determine that defendant was wrongfully restrained before awarding recovery on the security; and 3) when the determination that defendant was wrongfully restrained by being required to provide services to the plaintiff is made, the district court may order recovery from the security in an amount equal to the market value of the services provided.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Droney

Court

• United States Second Circuit

Counsel