United States Third Circuit

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Carroll v. E One Inc, 17-2183

Affirmed. Firefighters-plaintiffs allege hearing loss from manufacturer-defendant’s fire sirens. District court dismissed the case with prejudice and awarded defendant attorney fees and costs, because the lawsuit was time-barred and hearing loss for one firefighter was not related to siren noise. Plaintiff appealed the award of attorney’s fees and cost as improper under Rule 41(a)(2). The appellate court affirmed the award stating that fees and costs could be awarded when exceptional circumstances exist. In this case, the court found that plaintiff’s counsel made a habit of suing defendant-manufacturer all across the country bringing meritless claims and then dismissing them with prejudice after the opposing party and the judicial system had incurred substantial costs.

Appellate Information

  • Decided
  • Published 2018/06/20


  • Smith


  • United States Third Circuit


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