Highlights
The Eleventh Circuit recently
analyzed the procedural action for a plaintiff who is satisfied
with the outcome of an action on some but not all claims, saying
one can properly remove the remaining claims and achieve a final
judgment under Federal Rule of Civil Procedure 58(d)
The court found the
plaintiff's motion to abandon the claim constituted a motion
to amend her complaint to drop the claim pursuant to Federal Rule
of Civil Procedure 15(a)(2)
The Lowery decision indicates that in the
Eleventh Circuit, rather than filing a motion to abandon claims to
finalize a judgment, the proper course is to amend the complaint to
remove the pending claims
It is widely known that federal courts in the Eleventh Circuit
have taken a hard stance under Federal Rule of Civil Procedure 41
– per the plain language of the rule, parties may only
dismiss “actions,” not individual claims. But in the
coverage action, Lowery v. Amguard Ins. Co., the U.S.
Court of
