· 11/29/1988
Louis Theodore Frigard Miriam Claudia Frigard v. United States of America Central Intelligence Agency
Citations
- 862 F.2d 201
- 1988 U.S. App. LEXIS 11428
- 1988 WL 125595
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court did not abuse its discretion in dismissing an action with prejudice because sovereign immunity posed an absolute bar to jurisdiction
- explaining that a 1 case dismissed without prejudice allows a plaintiff to “reassert his claims in a competent 2 court”
- stating a dismissal for lack of jurisdiction should be without 14 || prejudice unless plaintiff has no way to cure the jurisdictional defect
- upholding a 28 district court’s dismissal of an action with prejudice because “the bar of sovereign 1 immunity is absolute”
- affirming dismissal with prejudice for lack of subject matter jurisdiction where plaintiffs could not cure procedural default and “no other court [had] the power to hear the case”
- setting forth standard of review and explaining that a dismissal with prejudice may be proper where “the bar of sovereign immunity is absolute” and redrafting will not cure the pleading
Source: CourtListener parenthetical corpus (CC0).
Judges: Aldisert, Beezer, O'Scannlain, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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