MOORE, J., delivered the opinion of the court, in which BATCHELDER, J., joined. O'MALLEY, D.J. (pp. 635-39), delivered a separate opinion concurring in part and dissenting in part.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Stephen E. Duffy and Sue Ann Duffy ("the Duffys"), the plaintiffs-appellants, voluntarily dismissed their personal injury lawsuit against the defendant-appellee,
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