Question
Patrick sues DeAngelo in a federal district court in Virginia for injuries Patrick sustained in a duel between the two. Patrick later learns that under
Patrick sues DeAngelo in a federal district court in Virginia for injuries Patrick sustained in a duel between the two. Patrick later learns that under governing law, neither party to a duel may recover damages for their injuries. Before DeAngelo files a pleading motion, Patrick files a notice of dismissal. In this notice, Patrick 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. Assume that Patrick successfully dismisses the case by a notice of dismissal. Patrick refiles in a Tennessee federal district court where governing law allows recovery for injuries sustained in a duel. DeAngelo moves to dismiss, arguing that Patrick lost his right to sue again by voluntarily dismissing the case earlier. Refer to the Federal Rules of Civil Procedure and the Rules in Tennessee. Should DeAngelo's motion succeed? Why or why not?
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