Skip to main content
· 9/30/2005

Rabbi Jacob Joseph School v. Province of Mendoza, Bank of New York and Jp Morgan Chase Bank, Docket No. 05-10803 Cv

Citations

  • 425 F.3d 207
  • 62 Fed. R. Serv. 3d 1087
  • 2005 U.S. App. LEXIS 21214

How courts have described this case

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

  • refusing to treat order as final when ʺthe [plaintiff] 12 expressly declined to abandon [its] claim with prejudiceʺ at oral argument
  • “Immediate appeal is available to a party willing to suffer voluntarily the district court’s dismissal of the whole action with prejudice.”
  • “Tolerance of that practice would violate the long-recognized federal policy ‘against piecemeal appeals.’”
  • \immediate appeal is unavailable to a 14 1 plaintiff who seeks review of an adverse decision on some of its claims by voluntarily 2 dismissing the others without prejudice\ (emphasis in original)
  • “A plaintiff who voluntarily dismisses his action without prejudice ‘may reinstate his action regardless of the decision of the appellate court, [thus,] permitting an appeal is clearly an end-run around the final judgment rule.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hurd, Jacobs, Parker

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.