COSAL Support Proposed Changes to FRCP Rule 41(a)
COSAL filed comments with the Rules Committee to support proposed changes by the Standing Committee to FRCP Rule 41(a) on when claims can be dismissed. The comment was drafted by Pete Demato of Lowey Dannenberg.
The proposed amendment partially resolves a circuit split and will allow parties in complex cases to narrow the pending issues during pretrial proceedings. They promote efficiency and speed in resolving cases.
The proposed amendments make clear that you can voluntarily dismiss a claim or claims within an action. The amendments will codify/formalize an efficient dismissal process.
It also clarifies a circuit split on the application of Rule 41(a) to situations where a plaintiff seeks to dismiss less than the entire action.
