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  1. #1
    Join Date
    Dec 2019
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    1

    Default After Evading Discovery, Plaintiff Wants to Voluntarily Dismiss Claims . (Oregon)

    After making progress uncovering bad faith conduct of Plaintiff and his attorneys, the Plaintiff wants to call it quits. From what I gather, we might not be able to pursue a counter suit (after this one is over) for malicious prosection / wrongful initiation if we don't "prevail on the merits". Would like to know how the voluntary dismissal might affect us. Furthermore, how can the judge adjudicate prevailing party fees (that take into account the conduct of the parties) if the Plaintiff has resisted discovery adverse to him? Is there a way to compel adjudication based on the merits? Thank you! This is an Oregon civil case ...

  2. #2
    Join Date
    Mar 2013
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    17,493

    Default Re: After Evading Discovery, Plaintiff Wants to Voluntarily Dismiss Claims . (Oregon)

    Your mention of "prevailing party fees" implies that you have an attorney.

    Your attorney (who knows your case inside and out) is the one to whom you should address your questions.

  3. #3
    Join Date
    Sep 2010
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    19,427

    Default Re: After Evading Discovery, Plaintiff Wants to Voluntarily Dismiss Claims . (Oregon)

    A voluntary dismissal (if granted) would end things. Bad faith conduct does not equate to malicious prosecution. For this, you need to show that they started the suit without legal grounds to believe they had a case and that they were motivated by some factor other than just getting a judgment and that you have some damage as a result. There's also abuse of process which is related but drops the first condition.

    If you have a pending counterclaim, you can oppose the dismissal. If you haven't made one at the time he requests dismissal, you're out of luck.

  4. #4
    Join Date
    Jul 2018
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    1,974

    Default Re: After Evading Discovery, Plaintiff Wants to Voluntarily Dismiss Claims . (Oregon)

    Quote Quoting hnichols
    View Post
    After making progress uncovering bad faith conduct of Plaintiff and his attorneys, the Plaintiff wants to call it quits. From what I gather, we might not be able to pursue a counter suit (after this one is over) for malicious prosection / wrongful initiation if we don't "prevail on the merits". Would like to know how the voluntary dismissal might affect us. Furthermore, how can the judge adjudicate prevailing party fees (that take into account the conduct of the parties) if the Plaintiff has resisted discovery adverse to him?
    Generally, a voluntary dismissal forecloses both the possibility of a malicious prosecution suit (which is never properly filed as a countersuit) and an award of costs/fees based on a prevailing party determination.


    Quote Quoting hnichols
    View Post
    Is there a way to compel adjudication based on the merits?
    One would need familiarity with your case to answer this intelligently.

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