If there is a counterclaim, what portion is dismissed when the case is voluntarily dismissed by court approval?

• A. The Entire Case
• B. The Original Claim
• C. The Counterclaim
• D. Both Claims

Answer: (B)

The key idea is that when a plaintiff seeks voluntary dismissal with court approval under Rule 41(a)(2), the court can end the action as to the claims brought by the plaintiff, but it does not automatically wipe out a counterclaim already pleaded by the defendant. The court may dismiss the original claim or claims on terms, while allowing the counterclaim to proceed. That makes the portion that is dismissed the Original Claim, not the counterclaim. The counterclaim remains a live dispute between the parties and can be adjudicated, unless the court orders otherwise or the entire case is dismissed with prejudice in a way that also ends the counterclaim. For contrast, dismissal without court approval (Rule 41(a)(1)) ends the action immediately and generally affects all claims in one shot.