rule-41
16 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-344 | Robert Cromwell, et al. v. William Tacon, as Administrator of Caribbean Commercial Investment Bank Ltd. | Second Circuit | 2025-09-23 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-procedure dismissal forum-selection limitations-period rule-41 time-bar-defense | Under Federal Rule of Civil Procedure 41, a plaintiff may withdraw a case voluntarily until the defendant answers or moves for summary judgment. There… |
| 25-5092 | Hussein S. Yousif v. Susan Larson Christensen, et al. | Eighth Circuit | 2025-07-14 | Denied | IFP | constitutional-interpretation due-process first-amendment fourteenth-amendment judicial-review rule-41 | Does Logic disqualify Judicial actions? Statutory provisions Is the first and the fourteenth Amendment meaningless in the Constitution for a Citizen … |
| 24-688 | Property Matters USA, LLC v. Affordable Aerial Photography, Inc. | Eleventh Circuit | 2024-12-27 | Denied | Response WaivedRelisted (2) | attorney-fees copyright-law federal-procedure rule-41 statutory-interpretation voluntary-dismissal | Whether a defendant is barred from recovering attorney's fees under 17 U.S.C. §505 because a plaintiff's Rule 41(a)(1) voluntary dismissal is not a co… |
| 24A609 | Brent Andrew Brackett Arbogast v. Pfizer Inc., as Successor to Wyeth Pharmaceuticals, et al. | First Circuit | 2024-12-19 | Presumed Complete | circuit-split due-process fair-labor-standards-act judicial-procedure res-judicata rule-41 | Whether a federal appellate court can dismiss a plaintiff's claims by mischaracterizing their legal arguments and failing to address substantive due p… | |
| 23-971 | Gary Waetzig v. Halliburton Energy Services, Inc. | Tenth Circuit | 2024-03-06 | Judgment Issued | Amici (1)Response RequestedResponse WaivedRelisted (2) | appellate-review civil-procedure courts-of-appeals final-judgment rule-41 rule-60(b) rule-60b voluntary-dismissal | Whether a Rule 41 voluntary dismissal without prejudice is a 'final judgment, order, or proceeding' under Rule 60(b) |
| 23-267 | Marilyn Williams v. Boehringer Ingelheim Pharmaceuticals, Inc., et al. | Eleventh Circuit | 2023-09-20 | Denied | Response RequestedResponse WaivedRelisted (2) | appellate-jurisdiction circuit-split civil-procedure final-decision interlocutory-ruling rule-41 rule-41(a) voluntary-dismissal | Does an interlocutory ruling that dismisses some (but not all) of a plaintiff's claims with prejudice become an appealable 'final decision' if the pla… |
| 22-5968 | Grant Manaku v. United States | Ninth Circuit | 2022-11-01 | Denied | Response WaivedIFP | criminal-procedure due-process fourth-amendment law-enforcement rule-41 search-warrant warrant-service | Did the agents deliberately violate the federal rule of criminal procedure—Rule 41(f)(1)(C)—that requires agents to serve a warrant when that warrant … |
| 21-622 | Susan Elaine Devine v. Absolute Activist Value Master Fund Limited, et al. | Eleventh Circuit | 2021-10-28 | Denied | Response RequestedResponse WaivedRelisted (2) | civil-procedure dismissal district-court-jurisdiction federal-rules-of-civil-procedure jurisdiction modification motion-modification protective-order rule-41 voluntary-dismissal | Whether the voluntary dismissal of a plaintiff's suit under Federal Rule of Civil Procedure 41(a)(1) permanently strips the district court of jurisdic… |
| 20-735 | Artem Koshkalda v. Seiko Epson Corporation, et al. | Ninth Circuit | 2020-11-27 | Denied | civil-procedure dismissal district-court-procedure federal-rules-civil-procedure frcp-rule-25 frcp-rule-41 rule-25 rule-41 standing substitution-of-parties voluntary-dismissal | Did the district court err in denying the motion to set aside a notice of voluntary dismissal? | |
| 20-5942 | John Tran v. United States | First Circuit | 2020-10-07 | Denied | Response WaivedIFP | criminal-procedure exclusionary-rule federal-criminal-procedure good-faith-exception judicial-jurisdiction jurisdiction procedural-error rule-41 search-and-seizure void-ab-initio warrant-validity | Whether the First Circuit erroneously applied the good faith exception to the exclusionary rule |
| 19-7139 | Daryl Glenn Pawlak v. United States | Fifth Circuit | 2020-01-02 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment circuit-split due-process fifth-amendment fourth-amendment good-faith outrageous-government-conduct rule-41 search-warrant warrant-violation | Whether the Fifth Circuit's standard for determining outrageous government conduct violates the Fifth Amendment Due Process clause |
| 19-6944 | Bahman Khodayari v. City of Los Angeles, California, et al. | Ninth Circuit | 2019-12-16 | Denied | IFP | 42-usc-1983 civil-procedure civil-rights damages discovery due-process nominal-damages rule-26 rule-26(a)(1)(A)(ii) rule-37 rule-37(c)(1) rule-41 rule-41(b) sanctions section-1983 | Does the Ninth Circuit's affirmance of the District Court's dismissal of a Petitioner's 42 U.S.C. § 1983 claim under Fed.R.Civ.P. Rule 41(b) due to Ru… |
| 19-5311 | Ivaylo Dodev v. Bank of New York Mellon | Arizona | 2019-07-24 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review arizona-court-of-appeals arizona-rules-of-civil-procedure civil-procedure civil-procedure,eviction,dismissal,arizona-rules-o criminal-law due-process eviction eviction-proceedings federal-criminal-procedure hobbs-act judicial-discretion rule-41 second-amendment united-states-v-davis voluntary-dismissal Whether Mr. Burke's § 924(c) conviction is invalid | Whether the Arizona Court of Appeals, Division One abused its discretion by not ruling on the applicability of Rule 41(a)(1) of the Arizona Rules of C… |
| 19-45 | Nexus Services, Inc., et al. v. Donald Lee Moran, Individually and in His Official Capacity as Deputy Sheriff of Augusta County, Virginia, et al. | Fourth Circuit | 2019-07-05 | Denied | christiansburg-garment civil-procedure court-order federal-statute fee-shifting legal-relationship prevailing-party rule-41 rule-41(a)(1) voluntary-dismissal | Can a party qualify as a 'prevailing party' under a federal fee shifting statute when an adverse party voluntarily dismisses its claims under Rule 41(… | |
| 18-8038 | James Patrick Burke v. United States | Fifth Circuit | 2019-02-20 | Denied | Response WaivedRelisted (2)IFP | child-pornography criminal-procedure due-process exclusionary-rule fourth-amendment jurisdiction network-investigative-technique rule-41 rule-41(b) | Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) … |
| 18-5414 | Keith William Deichert v. United States | Fourth Circuit | 2018-08-01 | Denied | Response WaivedIFP | criminal-procedure exclusionary-rule fourth-amendment good-faith good-faith-exception jurisdiction objective-reasonableness rule-41 search-warrant void-ab-initio | Does the good-faith exception to the exclusionary rule apply to a search warrant that is issued by a judge without jurisdiction, rendering the warrant… |