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Significant Reported Decisions: Thatcher v. Hanover Insurance Company 


Thatcher v. Hanover Insurance Company 659 F.3d 1212 (8th Cir. 2011) – This appeal also arose out of a putative class action alleging a failure to pay general contractor overhead and profit as a part of the settlement of property insurance claims. After we removed the action (originally brought in Circuit Court of Miller County, Arkansas, a notorious "magnet" jurisdiction) to the federal court, the plaintiff moved to voluntarily dismiss the case without prejudice so that he could file a more "streamlined" complaint in the state court that would defeat federal jurisdiction. After the federal district court judge granted the plaintiff's motion, we appealed, arguing that a Rule 41 dismissal cannot be used as a forum shopping vehicle. The Eighth Circuit agreed, and reversed the district court, reinstituting federal jurisdiction. Steve Goldman argued the appeal before the Eighth Circuit.