United States v. Lots 12, 13, 14, & 15, Keeton Heights Subdivision

How courts have described this case

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

• holding that a “dismissal for failure to state a claim under 27 Federal Rule of Civil Procedure 12(b)(6) is a ‘judgment on the merits’” even where the district 28 court does not state whether the claims were dismissed with or without prejudice
• holding 16 USCA11 Case: 19-11380 Date Filed: 09/21/2021 Page: 17 of 41 that a “dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6
• explaining the parties must either be the same parties in the original action or in privity with those parties
• “Res judicata applies not only to the precise legal theory presented in the prior case, but to all legal theories and claims aris- ing out of the same nucleus of operative fact.”
• “The Su- preme Court has clearly stated that the dismissal for failure to state 2 Hurley v. Moore, N.D. Fla. Case No. 4:01-cv-00517-WS (Hurley I); Hurley v. Florida, M.D. Fla. Case No. 5:03-cv-00108-WTH (Hurley II
• “the plaintiff must prove an actionable wrong to support the conspiracy”

Source: CourtListener parenthetical corpus (CC0).