Attorneys’ Fees and the Interpretation of Costs Under Federal Rule of Civil Procedure 41(d)

Morgan Goodin.

Judge Learned Hand’s well-known and widely shared dread of lawsuits emphasizes the importance of the goals of Federal Rule of Civil Procedure 41(d): deterrence of both frivolous lawsuits and forum shopping. Rule 41(d) applies to a plaintiff who previously voluntarily dismissed its suit but chooses to refile against the same defendant based on the same claim. By its terms, Rule 41(d) generally deals with two groups of plaintiffs: the particularly persistent true believer or the wealthy forum-shopper.

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