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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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Can a matter that has been determined by a district court and circuit court be settled by

Customer Question

Can a matter that has been determined by a district court
and circuit court be settled by a subsequent stipulation of dismissal and can only certain parties named in the stipulation be dismissed or does the stipulation have to cover all named partiesi. federal court case
Submitted: 9 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 9 months ago.

Alex Reese :

hello, if the matter is not one that affects the public interest (e.g. antitrust, consumer-related case) then once the court has ruled then it is a private matter between the parties and it is up to them to decide who is included or not. Unless there is some issue still pending befroe the court then the court will not know or care about it.

Alex Reese :

the terms of the agreement, and parties included, are at the discretion of the parties

Alex Reese :

as long as the terms of the agreement do not violate the rights of the other parties as set forth in a court order etc.

Alex Reese :

also you mention stipulation of dismissal which suggests the case is still pending, the parties can agree to dismissal and file it with the court, such stipulations are typically granted as long as it doesn't adversely affect the public interest etc....the stipulation need not cover all named parties unless it is a special situation where the court deems it unfair/improper to exclude the party, but that is an uncommon situation

Alex Reese :

let me know if that answers your question

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