AVX Corporation v. Cabot Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claim preclusion did not apply to claims that had been voluntarily dis- missed under Rule 41(a)(1)(ii) by joint stipulation of the parties
• holding that claim preclusion did not apply to claims that had been voluntarily dismissed under Rule 41(a)(1)(ii) by joint stipulation of the parties
• noting that although the Restatement contemplates a softening of the finality requirement as relates to collateral estoppel, it “appears to adhere to the conventional finality test for merger and bar”
• “[A] dismissal for failure to state a claim is treated as a dismissal on the merits . . . .”
• “A dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6) is a decision on the merits.”
• “There is no limit on when such a stipulation can be filed . . . .”

Source: CourtListener parenthetical corpus (CC0).