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· 10/20/2005

Myron Lowery v. Federal Express Corporation and Fedex Express, Inc., a Wholly Owned Subsidiary of Federal Express Corporation

Citations

  • 426 F.3d 817
  • 63 Fed. R. Serv. 3d 327
  • 2005 U.S. App. LEXIS 22505
  • 87 Empl. Prac. Dec. (CCH) 42,150
  • 96 Fair Empl. Prac. Cas. (BNA) 1167
  • 2005 WL 2663190

How courts have described this case

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

  • holding that a final judgment may not be entered on fewer than all claims in a case unless that judgment “entirely resolve[s]” an individual claim
  • explaining that “the interrelationship of the claims themselves weighs heavily against certification under Rule 54(b).”
  • explaining that “the greater the overlap in the factual basis between the adjudicated and unadjudicated claims, the greater the possibility that this court will have to revisit the same facts under a different theory in a second appeal.”
  • noting that “the greater the overlap in the factual basis between the adjudicated and unadjudicated claims, the greater the possibility that [the Court of Appeals] will have to revisit the same facts under a different theory in a second appeal”
  • considering plaintiff’s theories as all “seek[ing] to recover for the same underlying injury.”
  • considering plaintiffs theories as all “seek[ing] to recover for the same underlying injury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Guy, Batchelder, Gilman

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.