United States Ninth Circuit

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Zanowick v. Baxter Healthcare Corp., 15-56034

In a case alleging defendant's products exposed plaintiff to asbestos, leading to terminal mesothelioma, in which plaintiff died and plaintiff's family failed to file a timely motion to substitute a new party as required by the 90-day deadline in Fed. R. Civ. P. 25(a)(1), the district court's order granting plaintiffs' motion to voluntarily dismiss their action without prejudice pursuant to Fed. R. Civ. P. 41(a)(2) is affirmed where: 1) Rule 25(a)(1) permitted the district court to allow a late substitution if requested, and did not require the district court to dismiss the federal action with prejudice; and 2) the district court did not abuse its discretion in granting the Rule 41(a)(2) motion for dismissal without prejudice.

Appellate Information

  • Decided
  • Published 2017/03/09




  • United States Ninth Circuit