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· 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 CourtListener

Sourced 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.