Itofca, Inc. v. Megatrans Logistics, Inc.

How courts have described this case

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

• noting that dismissal of counterclaims without prejudice permitted defendant to re-file them at any time, and regardless of what transpired on appeal
• noting that dismissal of counterclaims without prejudice permitted defendant to re-file them at any time, and regardless of what transpired on appeal
• referring to the practice of dismissing claims without prejudice to obtain finality “disingenuous”
• no final order where defendant was free to refile its counterclaims in the district court
• “Had MegaTrans done so [‘represented to the Court it would not refile its counterclaims’], we could have treated the district court’s dismissal of the counterclaims as having been with prejudice, thus winding up the litigation and eliminating the bar to our jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).