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