Nonsuits Of Remaining Claims: The Fifth Circuit's Bermuda Triangle

The pattern is familiar.  After an adverse federal-court ruling on a claim the plaintiff deems important – on a key cause of action, or against a key defendant – the plaintiff voluntarily dismisses its remaining claims without prejudice and appeals the adverse ruling.  Perhaps the dismissal is backed up by a tolling agreement between the parties, or perhaps limitations has not yet run, or perhaps the plan is to add back the dismissed claim in the event of appellate reversal.  In any event, the case is over in the trial court and ready for appeal.  Except that the Fifth Circuit says it's not.

In Luvata Grenada, LLC v. Danfoss Industries S.A. de C.V., decided last month, the plaintiff initially sued Danfoss US and Danfoss Mexico on a variety of claims.  Danfoss Mexico successfully pursued a motion to dismiss for want of personal jurisdiction.  The plaintiff and Danfoss US thereafter stipulated to a voluntary dismissal without prejudice, and the plaintiff appealed the