Reviewing the three-way split in the U.S. Circuit Courts of Appeal on fee-shifting under Federal Rule of Civil Procedure 41(d) when voluntarily dismissed cases are refiled, a federal judge in Texas called for reconsidering the position taken by four circuits — including the 7th — “and perhaps an amendment” clarifying the rule.Rule 41(d) says: “If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court: (1) may order the plaintiff …