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In re Bath and Kitchen Fixtures Antitrust Litigation

535 F.3d 161 (2008)

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In re Bath and Kitchen Fixtures Antitrust Litigation

United States Court of Appeals for the Third Circuit
535 F.3d 161 (2008)

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Facts

The buyers (plaintiffs) of kitchen and bath fixtures filed a class-action lawsuit against several fixture manufacturers (defendants), alleging price fixing and conspiracy in violation of the Sherman Act. The manufacturers filed a motion to dismiss for failure to state a claim, pursuant to Federal Rule of Civil Procedure (FRCP) 12(b)(6). Rather than dismiss the action, on July 19, 2006, the district court gave the buyers leave to amend the complaint in order to plead sufficient additional facts to satisfy the requirements of notice pleading under FRCP 8(a)(2). The buyers instead filed a notice of voluntary dismissal pursuant to FRCP 41(a)(1)(A)(i). The manufacturers then filed a Motion for Entry of Judgment in Accordance with the Court’s Memorandum and Order of July 19, 2006, asking the court to strike the notice and enter a dismissal with prejudice, pursuant to the memorandum the court issued on that date. The manufacturers argued that the buyers no longer had the right to take a voluntary dismissal, because the court had already granted the FRCP 12(b)(6) motion to dismiss. The buyers objected, but the court granted the motion and dismissed the complaint, effectively with prejudice. The buyers appealed to the United States Court of Appeals for the Third Circuit.

Rule of Law

Issue

Holding and Reasoning (Scirica, J.)

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