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· 10/23/2009

Kamelgard v. MacUra

Citations

  • 585 F.3d 334
  • 2009 U.S. App. LEXIS 23430
  • 2009 WL 3400953

How courts have described this case

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

  • explaining that under Illinois choice of law principles, “the law of the plaintiff's domicile” usually applies in defamation cases
  • “A dismissal for failure to state a claim is a dismissal on the merits . . . .” (citing Fed. R. Civ. P. 41(b))
  • where the allegedly defamatory statement is communicated in many states, “it makes sense to apply the law of the plaintiff’s domicile”
  • “A dismissal for failure to state a claim is a dismissal on the merits, Fed.R.Civ.P. 41(b
  • “The usual exception” to the principle that “a dismissal on the merits is normally with prejudice and thus a bar to relitigation ... is where the court gives the plaintiff an opportunity to cure the defect in his complaint by filing an amended complaint.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Royner

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.