Abandonment (and Amendment) Issues in the Eleventh Circuit
The Eleventh Circuit recently analyzed the procedural action for a plaintiff who is satisfied with the outcome of an action on some but not all claims, saying one can properly remove the remaining claims and achieve a final judgment under Federal Rule of Civil Procedure 58(d)
It is widely known that federal courts in the Eleventh Circuit have taken a hard stance under Federal Rule of Civil Procedure 41 – per the plain language of the rule, parties may only dismiss “actions,” not individual claims. But in the coverage action, Lowery v. Amguard Ins. Co., the U.S. Court of Appeals for the Eleventh Circuit confronted a new issue: What happens when a claimant is satisfied with the result at summary judgment and wishes to forego other claims and receive a final judgment?
Keep Up to Date in a Changing World
