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· 10/25/2004

Willowski v. Principi

Citations

  • 114 F. App'x 395

How courts have described this case

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

  • “A dismissal without prejudice generally does not constitute an abuse of discretion because the affected party may simply re-file.”
  • “[W]here a dismissal without prejudice has the effect of precluding the plaintiff from re-filing his claim due to the running of the statute of limitations, it is tantamount to a dismissal with prejudice.”
  • citations omitted; “the record does not show that the district court understood the dismissal would preclude [plaintiff] from refiling due to the statute of limitations. Nor did the court explain why a lesser sanction would be inadequate to correct [plaintiff’s]conduct.”

Source: CourtListener parenthetical corpus (CC0).

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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.