Question
Pat sues DeAngelo in a federal district court in Virginia for injuries Pat sustained in a duel between the two. Pat later learns that under
Pat sues DeAngelo in a federal district court in Virginia for injuries Pat sustained in a duel between the two. Pat later learns that under governing law, neither party to a duel may recover damages for their injuries. Before DeAngelo files a pleading motion, Pat files a notice of dismissal. In this notice, Pat explicitly indicates that she is dismissing to enable her to file the case in a different state, where the law will allow recovery. DeAngelo objects to this dismissal. Can DeAngelo prevent Pat from dismissing the case? Assume that Pat successfully dismisses the case by a notice of dismissal. Pat refiles in a Tennessee federal district court where governing law allows recovery for injuries sustained in a duel. DeAngelo moves to dismiss, arguing that Pat lost her right to sue again by voluntarily dismissing the case earlier. Will DeAngelo's motion succeed?
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