Tenth Circuit Rules That District Courts Cannot Reopen Cases Under Rule 60(b) That Have Been Voluntarily Dismissed Without Prejudice Under Rule 41(a)
In Waetzig v. Halliburton Energy Services, the circuit court reversed a district court's order relying on Fed. R. Civ. P. 60(b) to reopen a case that had been voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a). A split panel held that "a court cannot set aside a voluntary dismissal without prejudice because it is not a final judgment, order or proceeding."
"We start with the word 'accident,'" stated Judge Michael S. Catlett, in his written opinion for the court. "Employer suggested during oral argument that a disease not qualifying as an 'occupational disease' cannot qualify as an 'accident.' But that argument is inconsistent with decades of precedent saying otherwise."
Massachusetts Appeals Court Says Trial Judge Lacked Jurisdiction to Rule on Insurance Dispute Against Wesco
"Here, we have concluded that Wesco's contacts with Massachusetts are unrelated to the claims in this case, and that whatever indirect contact (if any) Wesco had with Massachusetts related to Pray's claims is insufficient to satisfy due process," Massachusetts Appeals Associate Justice Peter Sacks wrote for the unanimous three-judge panel.