Colon-Cabrera v. Esso Standard Oil Co., No. 11-2477 (1st Cir. 2013)
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Appellant filed suit against Appellee, an oil company, seeking to compel Appellee to remediate environmental contamination at a gas station he owned. After Appellee allegedly conceded that it would clean up Appellant's gas station, Appellant filed a motion for voluntary dismissal. After settlement negotiations were ultimately unsuccessful, the district court granted Appellant's motion and dismissed the case with prejudice, assessing attorneys' fees and costs against him. The First Circuit Court of Appeals vacated the dismissal order and remanded, holding that the district court abused its discretion by dismissing the case with prejudice based on Appellant's refusal to accept Appellee's settlement offers. Remanded.
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