The U.S. Court of Appeals for the Eleventh Circuit issued an opinion making clear that a federal rule, Rule 41, can be used to voluntarily dismiss entire lawsuits but not individual claims—clarity lawyers welcome as district judges across the country have interpreted the rule inconsistently.
The court on May 12 held that it lacked jurisdiction to hear an appeal of summary judgment favoring Florida company and defendant VMSB on two claims in a wage and overtime lawsuit. The panel said that’s because of a third claim that the plaintiffs sought to dismiss under Rule 41 after it was settled.
