DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111610P.pdf 11/04/2011 Allen Thatcher v. Hanover Insurance Group, Inc.
U.S. Court of Appeals Case No: 11-1610
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Shepherd, Author, with Wollman and Bye, Circuit Judges]
Civil case - Civil procedure. Where the district court granted a motion
to voluntarily dismiss without first addressing whether the motion was an
improper forum-shopping measure, the case must be remanded to permit
the district court to determine whether it has subject matter jurisdiction;
after the court makes the determination, it can consider whether dismissal
without prejudice is appropriate, taking into consideration whether the
motion to voluntarily dismiss is a forum-shopping measure; if the court
determines it lacks subject matter jurisdiction, it should remand the case to
state court.