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TARAGAN v. ELI LILLY AND CO., INC.

No. 87-7017.

838 F.2d 1337 (1988)

Mindy TARAGAN v. ELI LILLY AND COMPANY, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1988.

Attorney(s) appearing for the Case

Gail L. Heriot, with whom James A. Hourihan, Washington, D.C., was on the brief, for appellant.

Aaron M. Levine, Washington, D.C., with whom Brenda C. Wagner was on the brief, for appellee.

Before BUCKLEY and SENTELLE, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Appeals for the Federal Circuit.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This is an appeal from an order by the district court permitting appellee to voluntarily dismiss her complaint under Federal Rule of Civil Procedure 41(a)(2). Because the district court did not adequately explain its refusal to condition the voluntary dismissal on the payment of appellant's wasted attorneys' fees, we reverse and remand.

I. BACKGROUND

The complaint...

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