S. B. v. Kindercare Learning Ctrs., LLC

S.B., a minor, was allegedly injured at a daycare center when another child tore a hair braid from her scalp. Her mother, Muwwakkil, filed a negligence complaint against KinderCare in Pennsylvania state court. After removal to federal court, Muwwakkil retained new counsel, who moved for voluntary dismissal without prejudice under FRCP 41, stating the lawsuit was prematurely filed because S.B., a four-year-old, was too young to articulate details about the incident and how it affected her. KinderCare opposed the motion. The court dismissed the case without prejudice, imposing conditions on the right to refile the case: payment of KinderCare's reasonable attorneys’ fees, as determined by the court upon receiving an affidavit of costs and refiling by June 24, 2019, with the possibility of extending that deadline by a showing of good cause. Instead of submitting an objection to KinderCare’s affidavit of costs, and before the district court entered a final order, S.B. and Muwwakkil filed an appeal challenging the imposition of these conditions on their right to refile. The Third Circuit dismissed, stating itsvjurisdiction is limited generally to reviewing the “final decisions” of district courts. 28 U.S.C. 1291. View "S. B. v. Kindercare Learning Ctrs., LLC" on Justia Law