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52 U. Louisville L. Rev. 265 (2014)
Dismissing Federal Rule of Civil Procedure 41
Bradley Scott Shannon*
Abstract

Despite its long pedigree, Federal Rule of Civil Procedure 41, the rule generally governing the dismissal of federal civil actions, is ill-equipped to deal with the realities of modern federal civil practice. But the many problems with Rule 41 need not be tolerated. As this Article demonstrates, Rule 41 can and should be amended in a manner that preserves much of its history, yet comports with these realities. An amended Rule 41 also would more clearly avoid running afoul of the substantive limitations imposed by the Rules Enabling Act.

* Professor of Law, Florida Coastal School of Law. I thank Professors Stephen Burbank and Kevin Clermont, who, though not necessarily agreeing with the contents of this Article, were kind enough to provide helpful comments.