green
Positive treatment
19.0 score
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 16 distinct citers.
discussed
Cited "but see"
Garza v. Citigroup Inc.
See Rogers, 230 F.3d at 874 (finding attorney fees are unavailable under Rule 41 (d)); Anders v. FPA Corp., 164 F.R.D. 383, 388-91 (D.N.J.1995) (rejecting reasoning of Behrle and refusing to award attorney fees under Rule 41 (d)); Simeone v. First Bank Nat’l Assoc., 125 F.R.D. 150, 155 (D.Minn.1989) (holding attorney fees are not 'costs' under Rule 41(d)); Esposito v. Piatrowski, 223 F.3d 497, 501 (7th Cir.2000) (finding that attorney fees are not a recoverable cost of litigation under Rule 41 (d) unless the substantive statute which formed the basis of the original suit allows for the recov…
cited
Cited as authority (rule)
Nellums v. North Little Rock School District
P. 41(d); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980).
cited
Cited as authority (rule)
Murphy v. Bunge North America Inc
P. 41(d); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980).
discussed
Cited as authority (rule)
Bennington Town Plan Entergy Element - Entry Regarding Motion to Dismiss
LLC, 888 F.3d 13, 24 (2nd Cir. 2018) (concluding attorney’s fees may be recovered under Rule 41(d)); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (reaching the same conclusion without much analysis); Meredith v. Stovall, 216 F.3d 1087 (10th Cir. 2000) (unpublished) (same); with Rogers v. Wal-Mart Stores, 230 F.3d 868, 874 (6th Cir. 2000) (concluding attorney’s fees are never available under Rule 41(d)); and Portillo v. Cunningham, 872 F.3d 728, 738-39 (5th Cir. 2017) (concluding that attorneys’ fees are generally not recoverable, with the exception of when the statute…
discussed
Cited as authority (rule)
PLH, LLC v. Town of Bennington - Entry Regarding Motion to Dismiss
LLC, 888 F.3d 13, 24 (2nd Cir. 2018) (concluding attorney’s fees may be recovered under Rule 41(d)); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (reaching the same conclusion without much analysis); Meredith v. Stovall, 216 F.3d 1087 (10th Cir. 2000) (unpublished) (same); with Rogers v. Wal-Mart Stores, 230 F.3d 868, 874 (6th Cir. 2000) (concluding attorney’s fees are never available under Rule 41(d)); and Portillo v. Cunningham, 872 F.3d 728, 738-39 (5th Cir. 2017) (concluding that attorneys’ fees are generally not recoverable, with the exception of when the statute…
discussed
Cited as authority (rule)
Mario Lopez Garza v. Citigroup Inc
Our sister Courts of Appeals that have analyzed whether attorneys’ fees may be awarded as costs under Rule 41(d) have arrived at three different conclusions about how the rule should be interpreted: (1) attorneys’ fees may always be awarded as costs under Rule 41(d), Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (per curiam) (the “Always Awardable Interpretation”); (2) attorneys’ fees may never be awarded as costs under Rule 41(d), Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868, 874 (6th Cir. 2000) (the “Never Awardable Interpretation”); and (3) attorneys’ fee…
discussed
Cited as authority (rule)
JohnJay Portillo v. Gregory Cunningham
The Eighth Circuit merely said that “[w]e are satisfied the district court did not abuse its discretion in awarding defendant-appellee $200 attorney fees.” Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (per curiam). 23 And the Tenth Circuit stated that “[ujnder the language of Rule 41(d), the decision whether to impose costs and attorney’s fees is within the discretion of the trial court.” 24 The Seventh and Fourth Circuits hold that fees are available only if the underlying statute defines “costs” to include fees.
discussed
Cited as authority (rule)
CIVCO Medical Instruments Co. v. Protek Medical Products, Inc.
See Behrle v. Olshansky, 139 F.R.D. 370, 375 (W.D.Ark.1991) (reasoning in that case litigation had been going on for more than a decade, and attorney fees were appropriate under Rule 41(d) because the defendant had incurred substantial costs due to plaintiffs procedural maneuvering which included asking for a remand, then nonsuiting the case after the third day of trial in state court and refiling the same claims the next day in federal court); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980) (affirming the district court’s award of $200 under Rule 41(d) to defendant in an act…
discussed
Cited as authority (rule)
United States v. Bert Samuel Stefanson
United States v. Johnson, 623 F.2d 121, 125 (9th Cir. 1980); cf. Sherrick v. Eyman, 389 F.2d 648, 652 (9th Cir. 1968), and Boyer v. State of Arizona, 455 F.2d 804, 806 (9th Cir. 1972) (Holding that a failure to record or memorialize oral testimony in supplementing a written affidavit is not constitutional error).
discussed
Cited "see"
Varsity Gay League LLC v. Nichols
See Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (per curiam) (stating only that the court “was satisfied the district court did not abuse its discretion in awarding . . . attorney fees”); Meredith v. Stovall, 216 F.3d 1087 (10th Cir. 2000) (holding “[u]nder the language of Rule 41(d), the decision whether to impose costs and attorney’s fees is within the discretion of the trial court”).
cited
Cited "see"
Montauk U.S.A., LLC v. 148 South Emerson Associates LLC
See Evans v. Safeway Stores, Inc. , 623 F.2d 121 , 122 (8th Cir. 1980) (per curiam); Meredith v. Stovall , 216 F.3d 1087 (10th Cir. 2000) (unpublished).
cited
Cited "see"
Rebecca C. Robinson v. Bank of America, N.A.
See Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980).
discussed
Cited "see"
Theodore E. Kent v. Bank of America, N.A.
(2×)
See Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980).
cited
Cited "see"
Siepel v. Bank of America, N.A.
See Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980); 4 see also Copeland, 462 F.Supp.2d at 1022-24 (holding that a court may award attorneys’ fees under Rule 41(d)).
cited
Cited "see, e.g."
Econugenics, Inc. v. Bioenergy Life Sci., Inc.
See, e.g., Evans v. Safeway Stores, Inc. , 623 F.2d 121 , 121-22 (8th Cir. 1980) ; Robinson v. Bank of Am.
cited
Cited "see, e.g."
Simeone v. First Bank National Ass'n
See also Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980).
Alma W. EVANS, Appellant,
v.
SAFEWAY STORES, INCORPORATED, Appellee
v.
SAFEWAY STORES, INCORPORATED, Appellee
121.
Court of Appeals for the Eighth Circuit.
Aug 29, 1980.
Woodson D. Walker, Chinula & Walker, P. A., Little Rock, Ark., filed brief for appellant., Appellee did not file brief.
Bright, Stephenson, Arnold.
Cited by 21 opinions | Published
PER CURIAM.
The sole issue on this appeal is whether the district court abused its discretion in awarding $200 attorney fees to defendant-appellee pursuant to Fed.R.Civ.P. 41(a)(2) and (d) when plaintiff-appellant filed a voluntary dismissal without prejudice of her tort action. We affirm.
On September 26, 1977, plaintiff filed a complaint in tort for injuries sustained upon defendant’s premises. Approximately sixteen months later she filed a motion for continuance of the trial date of 120 days or in the alternative for a voluntary dismissal.[*122] The court ordered the complaint dismissed without prejudice.
On April 6, 1979, plaintiff re-filed her complaint. Thereafter defendant filed a motion for attorney fees and for costs incurred in preparation for the trial on the first complaint. After considering the motion and affidavit in support thereof and plaintiff’s opposition thereto, the district court awarded defendant-appellee $200 as an allowance for preparation in the initial cause.
We are satisfied the district court did not abuse its discretion in awarding defendant-appellee $200 attorney fees. See Fed.R. Civ.P. 41(d); Johnston v. Cartwright, 355 F.2d 32, 40 (8th Cir. 1966).
Affirmed.