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· 12/20/2007

Hyde v. Hoffmann-La Roche, Inc.

Citations

  • 511 F.3d 506
  • 2007 U.S. App. LEXIS 29401
  • 2007 WL 4441065

How courts have described this case

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

  • holding that dismissal without prejudice is proper “unless the defendant will suffer some plain legal prejudice other than the mere prospect of a second lawsuit” (citation and internal quotation marks omitted)
  • noting that substantial prejudice results when the dismissal “effectively strips [the defendant] of a defense that would otherwise be available”
  • reversing district court’s order dismissing case without prejudice where defendants established legal prejudice by showing that their defense based on Texas law was potentially stripped as a consequence of dismissal without prejudice
  • applying Texas law to a products liability action while sitting in diversity
  • “In diversity cases, a federal court must apply federal procedural rules . . . .”
  • statute of repose defense potentially unavailable

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Demoss, Owen

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.