In re Bath and Kitchen Fixtures Antitrust Litigation
United States Court of Appeals for the Third Circuit
535 F.3d 161 (3d Cir. 2008)
Buyers of kitchen and bath fixtures (plaintiffs) sued several manufacturers (defendants) for price-fixing under the Sherman Act. After the district court granted the manufacturers' Rule 12(b)(6) motion but gave the plaintiffs leave to amend, the plaintiffs instead filed a notice of voluntary dismissal under Rule 41(a)(1)(A)(i). The manufacturers asked the court to strike that notice and enter dismissal with prejudice instead, arguing the plaintiffs had already lost their right to a voluntary dismissal once the 12(b)(6) motion was granted; the district court agreed and dismissed with prejudice.
Whether, under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss a lawsuit after the defendant has filed a Rule 12(b)(6) motion for failure to state a claim.