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· 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 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.