· 7/15/2011
Rivera v. PNS Stores, Inc.
Citations
- 647 F.3d 188
- 80 Fed. R. Serv. 3d 278
- 2011 U.S. App. LEXIS 14639
- 2011 WL 2749627
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that generally, “a district court has no discretion to grant summary judgment without prejudice”
- recognizing that summary judgment results in dismissal with prejudice
- indicating that Federal Rule of Criminal Procedure 36 and Federal Rule of Civil Procedure 60(a) are similar in that both are limited tools meant to correct “mindless and mechanistic mistakes” (quoting Mackay, 757 F.3d at 200)
- affirming a correction of summary judgment from “with prejudice” to “without prejudice”
- explaining why it would be logically inconsistent to grant summary judgment without prejudice
- dismissing claim with prejudice on motion for summary judgment after recognizing that “[s]ummary judgment . . . is the procedural equivalent of a trial and is an adjudication of the claim on the merits” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Dennis, Prado
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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