Veritas Independent Partners, LLC, et al., on behalf of all others similarly situated v. The Ohio National Life Insurance Company, et al.

Summary

The United States District Court for the Southern District of Ohio grants the parties’ joint motion under Federal Rule of Civil Procedure 21 to drop Avantax Investment Services, Inc. as a plaintiff. Avantax’s claims and related potential claims concerning ONcore annuity trail commissions are dismissed with prejudice, with each side bearing its own costs; the action continues as to Veritas Independent Partners, LLC.

Holdings

1. Rule 21 is an appropriate procedural vehicle for dropping fewer than all parties or claims, and for good cause shown the court may drop Avantax from the case and dismiss its claims with prejudice on just terms.
2. Neither Avantax nor the defendants is deemed a prevailing party for any purpose, and each side must bear its own costs.

Questions Presented

1. Whether Rule 21 provides an appropriate procedural vehicle to drop Avantax as a plaintiff and dismiss its claims with prejudice.
2. Whether the court should allocate prevailing-party status and costs following the dismissal.

Disposition

other