Ind. Court Refuses to Dismiss Asbestos Action With Prejudice and Retain Jurisdiction Simultaneously

HAMMOND, Ind. –– An Indiana federal court has denied an asbestos plaintiff’s motion to voluntarily dismiss the lawsuit with prejudice, saying that the plaintiff’s additional request for leave to reinstate the action should the settlement talks fall apart is not proper under Federal Rules of Civil Procedure.

In the March 16 order, the U.S. District Court for the Northern District of Indiana explained that when a suit is dismissed with prejudice, it is gone and the “district court cannot adjudicate disputes arising out of the settlement that led to the dismissal merely by stating that it is retaining jurisdiction.”