United States Second Circuit
Paysys International, Inc. v. Atos IT Services Ltd., 17‐2204
Held that a plaintiff was entitled to withdraw its motion to voluntarily dismiss a case. The district court had said the plaintiff must pay the defendant's attorney fees pursuant to a contractual fee-shifting provision if it wanted to voluntarily dismiss the case. On appeal, the Second Circuit agreed with the plaintiff that it was entitled to withdraw its motion and continue litigating the case rather than acquiesce to the court's terms for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2).
Appellate Information
- Published 2018/08/20
Judges
- Lynch
Court
- United States Second Circuit