Fishkin Lucks secured today a second voluntary dismissal pursuant to Fed. R. Civ. P. 41(a), terminating with prejudice by operation of law plaintiff’s action against our clients, a multinational insurance corporation and one of its subsidiaries. Plaintiff initially brought suit in this matter in the Supreme Court of New York (New York County), claiming $6M of damages arising from her purchase of life policies. Following removal, we secured an initial Rule 41(a) dismissal, only to see plaintiff reinstate the action against our clients several months later. Upon reinstatement, and after briefing for the Court why the action was barred under the doctrines of res judicata and settlement and release (by virtue of a final order and judgment entered by the United States District Court for the Western District of Kentucky approving a settlement of claims brought by a nationwide class that included the plaintiff), plaintiff dismissed her claims a second time under Rule 41(a), which constituted a dismissal with prejudice on the merits.
