United States Fifth Circuit

In a diversity suit brought against defendants claiming plaintiff suffered physical and psychological injuries from ingesting the prescription drug Accutane in the 1980's, grant of plaintiff's motion to dismiss voluntarily all his claims without prejudice is reversed where the district court abused its discretion in the dismissal because defendants would potentially be stripped of a defense based on a Texas statute of repose.

Appellate Information

• Decided 12/20/2007
• Published 12/20/2007

Judges

• OWEN, Circuit Judge:, Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Todd Harlin Ramsey, John William Arnold (argued), Bailey, Crowe & Kugler, Dallas, TX, for Hyde.


• For Appellees:
  
• Christopher Bert Bradford (argued), Susan Elizabeth Burnett, Clark, Thomas & Winters, Austin, TX, for Defendants-Appellants.