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Expert Analysis - Opinion

Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

By Adam Gershenson, Bill O’Connor and Elizabeth Wright ( August 20, 2018, 1:41 PM EDT) -- As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. The rule should be recalibrated to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits. . . .

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