United States Seventh Circuit

In a medical malpractice action, denial of plaintiffs' motion for relief from a voluntary dismissal order under Fed. R. Civ. P. 60(b) is affirmed where the district court did not abuse its discretion in finding that plaintiffs' actions were voluntary and their counsel's actions did not amount to mistake, inadvertence, surprise, or excusable neglect in order to obtain relief.

Appellate Information

• Argued 05/28/2009
• Decided 08/17/2009
• Published 08/17/2009

Judges

• TINDER, Circuit Judge., Before EVANS, WILLIAMS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Timothy R. Tyler (argued), Tyler & Porter, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Anita Alvarez, Mary M. Burke (argued), Office of the Cook County States Attorney, Chicago, IL, for Defendant-Appellee.