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.
212931P.pdf 05/12/2022 Ricky Tillman, Jr. v. BNSF Railway Company
U.S. Court of Appeals Case No: 21-2931
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges]
Civil case - Civil procedure. The district court did not abuse its
discretion by granting plaintiffs' Rule 41(a)(2) motion to voluntarily
dismiss as the stated reasons for dismissal - to avoid multiplicitous
litigation, to prevent waste of judicial time, and to avoid the risk of
inconsistent verdicts - were proper grounds for dismissal; the district
court did not abuse its discretion in weighing the factors set out in Hamm
v. Rhone-Poulenc Rorer Pharms, Inc., 187 F.3d 941 (8th Cir. 1999), cert.
denied 528 U.S. 1117 (2000), in granting the motion.