MURPHY, Circuit Judge, dissenting. I concur in the majority’s conclusion that the district court erred in failing to consider the governing legal standards and relevant facts relating to Ms. Ohlander’s Fed.R.Civ.P. 41 motion to dismiss. Rather than resolve the Rule 41 issue ourselves, however, we should remand this case to the district court for an appropriate Rule 41 evaluation and an accompanying adequate d…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.