· 7/16/2008
B. Willis, C.P.A., Inc. v. BNSF Railway Corp.
Citations
- 531 F.3d 1282
- 2008 U.S. App. LEXIS 15118
- 2008 WL 2746403
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that dismissal without prejudice is usually nonfinal and nonappealable because party can amend complaint
- affirming dismissal of unripe claims but remanding to district court to clarify that those claims were dismissed without prejudice
- treating a docketing statement as the functional equivalent of a notice of appeal
- treating amended docketing statement as functional equivalent of second notice of appeal
- “[Plaintiff’s] prematurely filed notice of appeal, however, was not sufficient to give this court jurisdiction to consider an appeal from the district court’s final judgment.”
- “To invoke issue preclusion, there need not be a prior adjudication on the merits (as is often the case with res judicata) but only a final determination of a material issue common to both cases.” (internal quotation marks and citation quotation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Ebel, Kane
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.