Tag: Rule 41(a)(2)
Arbitration agreements cause Utah District Court to dismiss case and award attorney’s fees against plaintiff in C.R. England v. Swift Transportation Company, et al.
The issue of whether to dismiss a lawsuit on a plaintiff’s Rule 41(a)(2) motion or a defendant’s Rule 12(c) motion, and whether ordering attorney fees against a plaintiff who brought a lawsuit in the face of binding arbitration agreements is appropriate, recently came before a Utah District Court. According to the court’s opinion, the appropriate vehicle for dismissing the claims against the defendants was plaintiff’s Rule 41(a)(2) motion, and that attorney fees levied against the plaintiff were appropriate pursuant to […]