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· 3/31/1976

Mrs. Carmella M. Borelli v. City of Reading

Citations

  • 532 F.2d 950
  • 21 Fed. R. Serv. 2d 689

How courts have described this case

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

  • holding that “an implicit invitation to amplify the complaint is found in the phrase ‘without prejudice’”
  • explaining that a plaintiff’s ability to correct a deficiency without affecting the cause of action is why a without-prejudice dismissal is neither final nor appealable
  • noting that a without prejudice dismissal may be final if the plaintiff stands on his complaint
  • explaining that a plaintiff’s ability to correct a deficiency without affecting the cause of action is why a without-prejudice dismissal is neither final nor appealable
  • noting that “[g]enerally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action”
  • suggesting that a district court should “expressly state, where appropriate, that the plaintiff has leave to amend within a specified period of time” when dismissing a civil rights complaint for failure to state a claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Seitz, Van Dusen Weis

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.