Am. Nat'l Bank & Trust Co. v. Bic Corp., 931 F.2d 1411 (10th Cir. 1991). · Go Syfert
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Am. Nat'l Bank & Trust Co. v. Bic Corp., 931 F.2d 1411 (10th Cir. 1991). Cases Citing This Book View Copy Cite
145 citation events (123 in the last 25 years) across 29 distinct courts.
Strongest positive: Glitz v. Sandridge Energy Inc, No. 5:12-cv-01341 (W.D. Okla. Mar. 31, 2023)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
How cited ↗
Cited for
At page 1412 Dismissal without prejudice and refiling conditions70 citing casesIf, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder14 citing courts put it this way · 68 listed here
  • Glitz v. Sandridge Energy Inc, No. 5:12-cv-01341 (W.D. Okla. Mar. 31, 2023).
    ([Rule] 41(a)(2) permits a district court to dismiss an action without prejudice upon such terms and conditions as the court deems proper.)
  • Brown v. Halliburton Energy Servs. Inc, No. 5:22-cv-00170 (W.D. Okla. Dec. 22, 2022).
    (Conditions are designed to alleviate any prejudice a defendant might otherwise suffer upon refiling of an action.)
  • Yeary v. Safeco Ins. Co. of Am., No. 4:22-cv-00250, 2022 WL 3447120 (N.D. Okla. Aug. 17, 2022).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder)
  • Brown v. Arledge, No. 4:21-cv-00470 (N.D. Okla. Apr. 15, 2022).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • Gellner v. Progressive N. Ins. Co., No. 4:21-cv-00401, 2021 WL 5789146 (N.D. Okla. Dec. 7, 2021).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • Crabb v. CSAA Gen. Ins. Co., No. 5:21-cv-00303, 2021 WL 3115393 (W.D. Okla. July 22, 2021).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • Rains v. CSAA Fire & Cas. Ins. Co., No. 4:20-cv-00400, 2020 WL 6729085 (N.D. Okla. Nov. 16, 2020).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • Regent Preparatory Sch. of Oklahoma v. Travelers Prop. Cas. Co. of Am., No. 4:20-cv-00512 (N.D. Okla. Oct. 16, 2020).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • King v. Chase, No. 2:19-cv-02658, 2020 WL 8838089 (W.D. Tenn. Aug. 19, 2020).
    (After examining the briefs and record on appeal, we are convinced the district court did not abuse its discretion in failing to impose a refiling condition [that any refiling of the action be in federal, not state cour…)
  • Breuer v. Weyerhaeuser NR Co., No. 2:20-cv-00479, 2020 WL 4260948 (W.D. Wash. July 24, 2020).
    (The possibility that plaintiffs may gain 10 a tactical advantage by refiling in state court is insufficient to deny a voluntary motion to 11 dismiss without prejudice especially when state law is involved.)
Show 58 more citing cases
At page 1413 District court discretion to dismiss removed action without prejudice8 citing cases[I]t is not an abuse of discretion for the district court to dismiss an action without prejudice even where the plaintiffs only motive is to recommence the action in state court.3 citing courts put it this way · 7 listed here
  • Sales v. Weyerhaeuser Co., 177 P.3d 1122 (Wash. 2008).published 4 cites
    (Rule 41(a)(2) provides no guarantee of federal jurisdiction to protect a removed action.)
  • Morris v. Long, 233 F.R.D. 620 (W.D. Okla. 2005).published 2 cites
    (Rule 41(a)(2) provides no guarantee of federal jurisdiction to protect a removed action.)
  • Nunez v. IBP, Inc., 163 F.R.D. 356 (D. Kan. 1995).published 2 cites
    ([I]t is not an abuse of discretion for the district court to dismiss an action without prejudice even where the plaintiffs only motive is to recommence the action in state court.)
  • Huskic v. Ad Express Trucking LLC, 791 F. Supp. 3d 565 (E.D. Pa. 2025).published
    (under Rule 41(a)(2), a district court has the discretion to “dismiss an action without prejudice even where the plaintiff’s only motive is to recommence the action in state court)
  • Active Energy Grp. PLC v. Scalzo, No. 2:23-cv-00141 (D. Utah Apr. 3, 2024).
    Co. of Sapulpa v. Bic Corp., 931 F.2d 1411, 1413 (10th Cir. 1991). 37 Def.’s Opp’n 4-7. 38 Pl.’s Reply 2, 6. 39 Cf. Def.’s Opp’n 5-6. 40 AeroTech, Inc. v. Estes, 110 F.3d 1523, 1528 (10th Cir. 1997). dismissing them with prejudice after in…
  • Snellings v. Pinnacle Health Facilities XVIII, LP, No. 2:20-cv-02352 (D. Kan. Mar. 9, 2021).
    Co. of Sapulpa v. Bic Corp., 931 F.2d 1411, 1413 (10th Cir. 1991).
  • Gomez v. Simmons, No. 6:20-cv-01009 (D. Kan. Oct. 7, 2020).
At page 1411 “if, as defendant suggests, plaintiffs joined the oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.”2 citing cases9 citing courts quote it
  • Nation, No. 4:25-cv-00342 (N.D. Okla. Oct. 16, 2025).
    (If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.)
  • Gross v. Spies, No. 96-2146, 1998 WL 8006 (4th Cir. Jan. 13, 1998).unpublished 2 cites
    (The possibility that plaintiffs may gain a tactical advantage by refiling in state court is insufficient to deny a voluntary motion to dismiss without preju- dice, especially when state law is involved.)
Retrieving the full opinion text from the archive…
AMERICAN NATIONAL BANK AND TRUST COMPANY OF SAPULPA Michael Stutman, co-guardians of: William Brooks Balthis, a minor Debra Leanne Balthis, a minor David Balthis, a minor
v.
BIC CORPORATION
No. 90-5174.
Docket on CourtListener (RECAP)
Court of Appeals for the Tenth Circuit.
Apr 30, 1991.
Published opinion
931 F.2d 1411
1991 U.S. App. LEXIS 7810
E. Terrill Corley and Thomas F. Ganem, Tulsa, Okl., Walter Michael Jones, Bristow, Okl., Stephen R. Clark, Bradford Williams, Tulsa, Okl., for plaintiffs-appellees., Gary M. Chubbuck and D. Craig Johnston of Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, Okl., Michael S. Ryan and William L. Moran of Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minn., for defendant-appellant.
Anderson, Kane, Tacha.
Cited by 1 opinion  |  Published
2 passages pin-cited by 2 cases
Citer courts: Fourth Circuit (1) · N.D. Oklahoma (1)
STEPHEN H. ANDERSON, Circuit Judge.

Defendant appeals from an order of the district court dismissing this action without prejudice to subsequent refiling. See Fed. R.Civ.P. 41(a)(2). Defendant argues on appeal that the dismissal should have been on the condition that any refiling of the action be in federal, not state, court. We affirm.[1]

Plaintiffs commenced an action in Oklahoma district court against defendant. Defendant removed the action to federal district court on diversity grounds. Subsequently, plaintiffs moved for dismissal of the case without prejudice. Defendant opposed dismissal unless it was conditioned on the requirement that any subsequent action be refiled in federal district court. The district court unconditionally dismissed the case without prejudice, after determining it should not direct refiling in a particular forum.

On appeal, defendant first argues that the district court erred in determining that it did not have authority or discretion to impose a condition that plaintiffs’ subsequent refiling of the case be in federal district court. Defendant maintains that other courts have reasonably required that the refiling of an action be in federal court, and, therefore, the district court would have been within its discretion to impose such a condition.

Federal Rule of Civil Procedure 41(a)(2) permits a district court to dismiss an action without prejudice “upon such terms and conditions as the court deems proper.” This court reviews such a dismissal for an abuse of discretion. United States v. Wyoming Nat’l Bank, 505 F.2d 1064, 1066 (10th Cir.1974); Butler v. Denton, 150 F.2d 687, 690 (10th Cir.1945). Reversal requires a clear abuse of discretion. Moore v. C.R. Anthony Co., 198 F.2d 607, 608 (10th Cir.1952).

After examining the briefs and record on appeal, we are convinced the district court did not abuse its discretion in failing to impose a refiling condition. Conditions are designed to alleviate any prejudice a defendant might otherwise suffer upon refiling of an action. Cross Westchester Dev. Corp. v. Chiulli, 887 F.2d 431, 432 (2d Cir.1989); McCants v. Ford Motor Co., 781 F.2d 855, 860 (11th Cir.1986). The district court, however, should impose only those conditions which actually will alleviate harm to the defendant. LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 604-05 (5th Cir.1976).

The only alleged prejudice in this case, upon refiling, would be resolution of the issues in state, rather than federal, court. Prejudice does not automatically result to defendant from the filing of a second law suit. See Davis v. USX Corp., 819 F.2d 1270, 1274 (4th Cir.1987). The possibility that plaintiffs may gain a tactical advantage by refiling in state court is insufficient to deny a voluntary motion to dismiss without prejudice, especially when state law is involved. See id. at 1275. Thus, there is no legal prejudice to defendant even if a trial is held in state court. See Grivas v. Parmelee Transp. Co., 207 F.2d 334, 338 (7th Cir.1953), cert. denied, 347 U.S. 913, 74 S.Ct. 477, 98 L.Ed. 1069 (1954).

Defendant maintains plaintiffs have refiled in Oklahoma state court also naming Oklahoma residents as defendants, thereby precluding it from seeking removal to federal court. If, as defendant suggests, plaintiffs joined the Oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder. See Wilson v. Republic Iron & Steel Co., 257 U.S. 92, 97, 42 S.Ct. 35, 37, 66 L.Ed. 144 (1921); Stevenson v. Missouri Pac. R.R. Co., 53 F.R.D. 184, 186 (E.D.Ark.1971). If joinder was in good faith, the trial may appropriately be in state court, as defen[*1413]dant has no right to trial in federal court. Stevenson, 53 F.R.D. at 186.

Rule 41(a)(2) provides no guarantee of federal jurisdiction to protect a removed action. Thus, it is not an abuse of discretion for the district court to dismiss an action without prejudice even where the plaintiffs only motive is to recommence the action in state court. See Culverhouse v. Biehl & Co., 24 F.R.D. 198, 199-200 (S.D.Tex.1959); Welter v. E.I. Du Pont De Nemours & Co., 1 F.R.D. 551, 552-53 (D.Minn.1941).

Contrary to defendant’s argument, the district court did recognize that it had the authority to impose a refiling condition. It merely chose not to do so.

Defendant also argues that this case should be remanded to the district court for a further explanation of its refusal to impose a condition that the case be refiled only in federal court. Although the district court could have written a clearer and more thorough order explaining its position, the order is sufficient to allow this court to determine whether the district court abused its discretion.

The judgment of the United States District Court for the Northern District of Oklahoma is AFFIRMED.

1

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R. App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.