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What is the effect of a plaintiff's second voluntary dismissal under the "two dismissal rule"?

It is dismissed without prejudice

It is dismissed with prejudice

A plaintiff's second voluntary dismissal under the "two dismissal rule" results in a dismissal with prejudice. This rule is established in Federal Rule of Civil Procedure 41(a). Specifically, if a plaintiff has previously voluntarily dismissed the same action once, then filing a second voluntary dismissal will operate as an adjudication on the merits and prevent the plaintiff from bringing the same claim again.

The rationale for this rule is to discourage plaintiffs from using voluntary dismissals to avoid an unfavorable ruling or to repackage a case as a way of gaining an advantage. Consequently, after the second dismissal, the claim is considered resolved and cannot be brought back to the court, establishing a finality that encourages judicial efficiency and fairness.

This ruling ensures that defendants are protected from perpetual litigation and fosters a clearer understanding of the legal status of claims between parties. The implications of this rule underscore the importance of strategic decision-making for plaintiffs seeking to withdraw their claims.

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It may be appealed immediately

It allows the plaintiff to refile without restrictions

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