James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.

Appellant Firestone Tire & Rubber Co., Inc. [“Firestone”] appeals from the District Court’s dismissal, without prejudice, of appellee Hamilton’s wrongful death/products liability claim pursuant to Fed.R.Civ.P. 41(a)(2). Firestone contends that, because it had filed a counterclaim and cross-claim and had proceeded with discovery, the District Court erred in dismissing the complaint to allow Hamilton to pursue a pending parallel claim in Alabama state court. Firestone contends also that Hamilton should be estopped from requesting dismissal of this action and that the District Court erred in not applying the principles underlying 28 U.S.C. § 1404 (a) and forum non conveniens.

We affirm.

The Ninth Circuit has long held that the decision to grant a voluntary dismissal under Rule 41(a)(2) is addressed to the sound discretion of the District Court, and its order will not be reversed unless the District Court has abused its discretion. Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir. 1980); Blue Mountain Construction Corp. v. Werner, 270 F.2d 305, 306 (9th Cir. 1959), cert. denied, 361 U.S. 931 , 80 S.Ct. 371 , 4 L.Ed.2d 354 (1960). See also Purer & Company v. Addo, 410 F.2d…