Second Circuit· 7/5/1996

Palmieri v. Defaria

Citations

88 F.3d 136
35 Fed. R. Serv. 3d 580
39 U.S.P.Q. 2d (BNA) 1367
1996 U.S. App. LEXIS 16016

How courts have described this case

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

explaining that evidentiary rulings in limine do not qualify as effective dismissals and are therefore not immediately appealable
explaining that allowing a dismissal for failure to prosecute to merge with court’s prior substantive orders would result in a perverse incentive to bypass the finality rule embodied in 28 U.S.C. § 1291
distinguishing Allied Air Freight and Gary Plastic on grounds that in those cases, “the prior order as a practical matter stopped the plaintiffs action altogether or could not be examined again at trial”
declining to review an evidentiary ruling following voluntary dismissal because the ruling was “subject to change at trial in the district court’s discretion,” and, as a result, the plaintiff was not “faced with a nonap-pealable order effectively dismissing his case”
“An in limine evidentiary ruling does not constitute a final ruling on admissibility.” (italics added)
“[Plaintiff] thus concludes that ... the ruling effectively dismissed his case.... We are not persuaded by this argument, primarily because the district court expressly declined to take the position that ... [plaintiffs] proof as a whole was insufficient as a matter of law.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases with this name

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.