green
Positive treatment
Quoted verbatim 3×
48.7 score
“where the plaintiff does not seek dismissal until a late stage and the defendants have exerted significant time and effort, the district court may, in its discretion, refuse to grant a voluntary dismissal.”
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
Admiral Insurance v. Little Big Inch Pipeline Co.
(3×)
also: Cited as authority (rule), Cited "see"
bjefore a court considers the propriety of a stay pending disposition of a state court action, the federal and state cases should be 'parallel' - 'involving the same parties and the same issues
discussed
Cited as authority (quoted)
Hard-Mire Restaurant Holdings, LLC
ideally, billing judgment is reflected in the fee application, showing not only hours claimed, but also hours written off.
examined
Cited as authority (quoted)
Lester v. Exxon Mobil Corp.
where the plaintiff does not seek dismissal until a late stage and the defendants have exerted significant time and effort, the district court may, in its discretion, refuse to grant a voluntary dismissal.
cited
Cited as authority (rule)
Honeywell International Inc. v. Reynolds J. Moran, Jr., RJIM Holdings, LLC, VEC Solutions, LLC, and Vector Electric & Controls, Inc.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990); see also Am.
cited
Cited as authority (rule)
Jeremiah Johns v. Donovan Francis, Tony Hernandez, and The Johns Law Firm, LLC
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990). 13 Elbaor, 279 F.3d at 317 n.3 (quoting Witzman v. Gross, 148 F.3d 988, 992 (8th Cir. 1998)). 14 Rec.
cited
Cited as authority (rule)
Jimmie Corley et al v. Adam Krause et al
In Hartford Accident Indemnity Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5" Cir. 1990), the Fifth Circuit affirmed a dismissal where suit was still in the pretrial stages.
cited
Cited as authority (rule)
AmeriHome Mortgage Company, LLC v. Angel Lozano, et al.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (Sth Cir. 1990).
discussed
Cited as authority (rule)
In the Matter of Aries Marine Corporation
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 357 (5th Cir. 1990). 16 Id. 17 Id. at ¶ 9. adequately pleaded a standalone negligence cause of action against Aries Marine under Burnside, independent of the LHWCA.
cited
Cited as authority (rule)
Groff Tractor Mid Atlantic LLC v. Rubble Master Americas Corp
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 359-60 (5th Cir. 1990)).
cited
Cited as authority (rule)
McPherson v. Servbank SB
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 359-60 (5th Cir. 1990))).
discussed
Cited as authority (rule)
Steadfast 829 Holdings, Inc. v. Choudhri
Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (Sth Cir. 1990) (noting that plaintiff did not seek dismissal until a late stage and defendants had exerted significant time and effort in the case).
cited
Cited as authority (rule)
Thompson v. Phillips 66 Company
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Byrne v. Wilson
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990) (cleaned up).
discussed
Cited as authority (rule)
Chandler v. Indemnity Insurance Company of North America
(2×)
Inc., 903 F.2d 352, 360 (5th Cir. 1990) (citing 9 C.
cited
Cited as authority (rule)
Emmott v. Tricam Industries, Inc.
Co. v. Costa Lines Cargo Servs., 903 F.2d 352, 360 (5th Cir. 1990))).
cited
Cited as authority (rule)
Dyfan, LLC v. Target Corporation
Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (5th Cir. 1990). adverse ruling.
cited
Cited as authority (rule)
Yasin v. Adams
Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (5th Cir. 1990) (citation omitted).
discussed
Cited as authority (rule)
Pridgin v. Safety-Kleen Systems Inc
(2×)
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Neman Brothers & Assoc., Inc. v. Interfocus, Inc.
Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (5th Cir. 1990), the Court finds that dismissal without prejudice is appropriate under the circumstances.
cited
Cited as authority (rule)
Burlington Insurance Company v. Houston Casualty Company
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Mid-American Supply Corporation v. Truist Bank
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
discussed
Cited as authority (rule)
WACO HIPPODROME INC. v. CENTRAL MUTUAL INSURANCE COMPANY
(2×)
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990)).
cited
Cited as authority (rule)
Lucero v. General Motors LLC
Co. v. Cesta Lines Cargo Servs., Inc., 903 F.2d 352, 360 (Sth Cir. 1990).
cited
Cited as authority (rule)
Rolls v. Packaging Corp of America
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Contreras v. Foster Electric (U.S.A.), Inc.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (Sth Cir. 1990).
discussed
Cited as authority (rule)
Bureau Veritas Commodities and Trade, Inc. v. Nanoo
(2×)
also: Cited "see"
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990) Here, the Court finds that dismissal without prejudice is appropriate.
discussed
Cited as authority (rule)
Leeuw v. Kroger Texas LP
(2×)
also: Cited "see"
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990)).
discussed
Cited as authority (rule)
Roundtree v. City of San Antonio, Texas
Inc., 903 F.2d 352, 360 (5th Cir. 1990) (citing 9 C.
cited
Cited as authority (rule)
Peals v. Quicktrip Corporation
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Mock v. St. David's Healthcare Partnership, L.P., LLP
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990)).
cited
Cited as authority (rule)
Roor International BV v. Stinky's Smoke Shop, LLC
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Van Dyke v. Retzlaff
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990)).
discussed
Cited as authority (rule)
Taggatz v. Midland Credit Management, Inc.
Inc., 903 F.2d 352, 360 (5th Cir. 1990) (citing 9 C.
discussed
Cited as authority (rule)
CertainTeed Corporation v. Mayfield
Co., 129 F.3d 781 (1997) (citing Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 260 (5th Cir. 1990)). controversy can be fully litigated; (2) whether the plaintiff filed suit in anticipation of a lawsuit filed by the defendant; (3) whether the plaintiff engaged in forum shopping in bringing the suit; (4) whether possible inequities exist by allowing the declaratory plaintiff to gain precedence in time or to change forums; (5) whether the federal court is a convenient forum for the parties and witnesses; and (6) whether retaining the lawsuit in federal …
cited
Cited as authority (rule)
B R F H H Shreveport L L C v. Willis-Knighton Medical Center
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990).
cited
Cited as authority (rule)
Giesecke & Devrient Gmbh v. United States
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990); Pace v. S. Exp.
discussed
Cited as authority (rule)
Cleartrac, LLC v. Lanrick Contractors, LLC
Co., 129 F.3d 781, 785 (5th Cir. 1997) (“This circuit has clearly held that in order to consider the propriety of a stay pending disposition of state court actions, the federal and state cases must be parallel, meaning that they involve the same parties and the same issues.”) (citing Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (5th Cir. 1990) (internal citations omitted); Mendiola v. Hart, 561 F.2d 1207, 1208 (5th Cir. 1977)). 62 RepublicBank Dallas Nat.
discussed
Cited as authority (rule)
William Dale v. Equine Sports Medicine & Su
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990). “[M]otions for voluntary dismissal should be freely granted unless the non- moving party will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.” Elbaor v. Tripath Imaging, Inc., 279 F.3d 314, 317 (5th Cir. 2002). “[T]he potential for forum-shopping does not count as legal prejudice.” Bechuck v. Home Depot U.S.A., Inc., 814 F.3d 287, 299 (5th Cir. 2016).
discussed
Cited as authority (rule)
N.S. Ex Rel. S.S. v. District of Columbia
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990) ("Where the plaintiff does not seek dismissal until a- late stage and the defendants have exerted significant time and effort, the district court may, in its discretion, refuse to grant a voluntary dismissal.”); McBride v. JLG Indus., Inc., 189 Fed.Appx. 876, 878 (11th Cir. 2006) (unpublished) (similar); Conafay II, 841 F.2d at 420 (suggesting that courts may deny voluntary dismissal motions if a "summary judgment motion had been pending when the voluntary dismissal request was made”); Conafay v. Wyeth Labs.
cited
Cited as authority (rule)
Forbes v. Citimortgage, Inc.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir.1990).
cited
Cited as authority (rule)
E. Cornell Malone Corp. v. Sisters of the Holy Family
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990). .
cited
Cited as authority (rule)
Morris v. SWDI, LLC
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir. 1990). .
discussed
Cited as authority (rule)
Samaan v. St. Joseph Hospital
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 358-60 (5th Cir.1990) (finding objection to removal on different ground insufficient to preserve objection to violation of in-forum defendant rule).
cited
Cited as authority (rule)
Rodas v. Seidlin
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 359 (5th Cir.1990) (same); Vantine v. Elkhart Brass Mfg.
discussed
Cited as authority (rule)
In Re Fema Trailer Formaldahyde Products Liability
Hartford Acc. & Indem. *163 Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir.1990); Oxford v. Williams Cos., Inc., 154 F. Supp 2d 942, 951 (E.D.Tex.2001); see generally 9 CHARLES ALAN WRIGHT & ARTHUR R.
cited
Cited as authority (rule)
Bell v. Keystone RV Co.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir.1990); Oxford v. Williams Cos., Inc., 154 F. Supp 2d 942, 951 (E.D.Tex.2001); see generally 9 Charles Alan Wright & Arthur R.
cited
Cited as authority (rule)
John M. Crawley, L.L.C. v. Trans-Net, Inc.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 360 (5th Cir.1990).
cited
Cited as authority (rule)
McGee v. Arkel International, LLC
Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 360 (5th Cir.1990) ("Important in assessing prejudice is the stage in which the motion to dismiss is made”).
cited
Cited as authority (rule)
Edge Petroleum Operating Co. v. GPR Holdings, L.L.C.
Co. v. Costa Lines Cargo Servs., Inc., 903 F.2d 352, 359-60 (5th Cir.1990).
discussed
Cited as authority (rule)
Aventis Pasteur, Inc. v. Skevofilax
For example, in Hartford Accident & Indemnity Co. v. Costa Lines Cargo Services, Inc., 903 F.2d 352, 361 (5th Cir.1990), the U.S. Court of Appeals for the Fifth Circuit held that it was not an abuse of discretion for the district court to deny a voluntary dismissal without prejudice when the case had been removed to federal court for nearly ten months, the *438 court had convened on several occasions to resolve various disputes regarding the litigation, extensive discovery had been conducted, summary judgment had been entered in favor of one defendant, and trial had already been set for the re…
Retrieving the full opinion text from the archive…
Lawrence R. ALBERTI, Et Al., Plaintiffs-Appellees Cross-Appellants,
v.
Johnny KLEVENHAGEN, Et Al., Defendants-Appellants Cross-Appellees
v.
Johnny KLEVENHAGEN, Et Al., Defendants-Appellants Cross-Appellees
88-2570.
Court of Appeals for the Fifth Circuit.
May 31, 1990.
Roderick O. Lawrence and Lisa Rice, Houston, Tex., for defendants-appellants cross-appellees., Gerald M. Birnberg and Jim Oitzinger, Houston, Tex., for Alberti, et al.
Lively, Jolly, Higginbotham.
Cited by 26 opinions | Published
Citer courts: E.D. Louisiana (1) · N.D. Texas (1)
ON PETITIONS FOR REHEARING
Before LIVELY, [1] JOLLY, and HIGGINBOTHAM, Circuit Judges. PER CURIAM:With one exception, we deny the petitions for rehearing filed in this case. In our original opinion, Alberti v. Klevenhagen, 896 F.2d 927 (5th Cir.1990), we reversed the district court’s $5.00 enhancement of the hourly rate to compensate plaintiffs’ attorneys for case undesirability. We now vacate that portion of the opinion and affirm the district court’s case undesirability enhancement. We are now persuaded that the district court’s finding that an enhancement for case undesirability was required to attract competent counsel to take on this undesirable prison conditions litigation was supported by the record. We find that support in testimony by plaintiffs’ attorneys and an expert economist on how the local market treats undesirable cases. We defer action on Oitzinger and Birn-berg’s motion for fees and costs incurred in prosecuting this appeal until entry of judgment on remand.