STORY FROM: Talcum Powder Litigation Report

8th Circuit Finds No Error with Order Granting Motion to Voluntarily Dismiss Complaint; Denies Motion to Enjoin Plaintiff from Trying Claims as Moot

ST. LOUIS –– The 8th Circuit U.S. Court of Appeals has found no error with a federal court’s order granting a talcum powder plaintiff’s motion to voluntarily dismiss his complaint so he could re-file it in state court, concluding that the “district court did not abuse its discretion when it dismissed the complaint without prejudice.”

In addressing the dispute in a May 26 order, the 8th Circuit noted that the court has previously held that when a court dismisses an action to be refiled in state court, “judicial time and effort are not wasted where much of the evidence may ...

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