· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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