Kasap v. Folger Nolan Fleming & Douglas, 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 weight of authority suggests that even where underlying dispute could have been brought in federal court, there is no federal jurisdiction under FAA S 4
• noting that, “under principles of issue preclusion,” dismissals for lack of jurisdiction have “preclusive effect on the jurisdictional issue litigated”
• explaining that a dismissal for lack of jurisdiction must be done without prejudice because it is not a decision on the merits
• stating that “dismissals for lack of jurisdiction are not decisions on the merits and therefore have no res judicata effect on subsequent attempts to bring suit in a court of competent jurisdiction”
• modifying a dismissal to be without prejudice because “dismissals for lack of jurisdiction are not decisions on the merits”
• “[D]ismissals for lack of jurisdiction are not decisions on the merits and therefore have no res judicata effect on subsequent attempts to bring suit in a court of competent jurisdiction.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).