DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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163382P.pdf 07/25/2017 Kenneth Castleberry v. USAA
U.S. Court of Appeals Case No: 16-3382
and No: 16-3482
U.S. District Court for the Western District of Arkansas - Ft. Smith
[PUBLISHED] [Smith, Author, with Benton and Shepherd, Circuit Judges]
Civil case - Civil Procedure. The district court erred when it found
appellants' counsel violated Rule 11 by dismissing this putative class
action for the allegedly improper purpose of seeking a more favorable
forum and avoiding an adverse decision; counsel did not violate Fed. R.
Civ. P. 41(a)(1) in stipulating to a dismissal of the action and counsel
had at least a colorable legal argument that the district court's approval
was not needed under Rule 23(e) to voluntarily dismiss the claims of the
putative class; as there was no Rule 11 violation, the court erred in
reprimanding counsel as a sanction for the violation. Reversed and
remanded for further proceedings.