Hinfin Realty Corp. v. Pittston Co.

Hinfin Realty and other plaintiffs sued Pittston (defendant) for environmental property damage but pursued the case slowly, completing little discovery before their key witness died and their finances deteriorated; Pittston also offered evidence suggesting it wasn't even the proper defendant. When Pittston refused to stipulate to a dismissal without prejudice, the plaintiffs moved for one anyway, and Pittston opposed, arguing it would face duplicative litigation, fading memories, and lost witnesses if the suit were later refiled, and alternatively sought $135,000 in costs and fees as a condition of dismissal.