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· 3/23/1940

Smith v. Employers Fire Ins.

Citations

  • 1 F.R.D. 251
  • 1940 U.S. Dist. LEXIS 1915

How courts have described this case

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

  • finding that a pending motion to dismiss was sufficient to put the plaintiff on implied notice of an impending dismissal
  • finding that a defendant’s motion requesting dismissal under Civ.R. 41(B)(1) constituted implied notice to the plaintiff that the case was subject to being dismissed and 7 satisfied the notice requirement in the rule
  • noting that dismissals 7 with prejudice are reserved for “extreme circumstances”
  • a pending motion to dismiss was sufficient to put the plaintiff on implied notice of an impending dismissal
  • a pending motion to dismiss was sufficient to put the plaintiff on implied notice of an impending dismissal
  • “appellant’s counsel received notice under Civ.R. 41(B)(1) at the time he became aware that appellee had filed his motion requesting the court to dismiss appellant’s claim with prejudice”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holly

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.