Credit: vacharapong/Adobe Stock 'Array of Wrinkles': Judiciary Panel Looks at Bringing Uniformity to Voluntary Dismissal Rule
The issue centers on the definition of "actions" or an "action" in Rule 41 of the Federal Rules of Civil Procedure.
October 18, 2023 at 01:33 PM
3 minute read
Civil Procedure
An advisory panel for the federal judiciary discussed Tuesday whether to amend a procedural rule to clarify whether plaintiffs can use it to voluntarily dismiss individual claims in their lawsuits or if their entire lawsuit must be dismissed.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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