Marex Titanic, Inc. v. Wrecked and Abandoned Vessel
United States Court of Appeals for the Fourth Circuit
2 F.3d 544 (1993)
Marex (plaintiff) sued to claim exclusive salvage rights to the wrecked Titanic, establishing jurisdiction using two artifacts an employee had allegedly pilfered during an unrelated filming expedition; after belatedly publishing notice of an arrest warrant and facing a challenge from prior salvor Titanic Ventures (which sought a preliminary injunction and obtained a temporary restraining order after three days of hearings), Marex filed a notice of voluntary dismissal under Rule 41(a)(1)(i). The district court vacated the notice, relying on a Second Circuit case allowing denial of voluntary dismissal after substantial merits argument, then granted Titanic Ventures intervention and permanently enjoined Marex from salvaging the Titanic. Marex appealed.
Whether, if a plaintiff files a notice of dismissal meeting the conditions of Federal Rule of Civil Procedure 41(a)(1)(A)(i), but substantial consideration of the merits has taken place, a court must dismiss the case.