· 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 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.