Topic: generally, an abuse of discretion is found only where the d… · Go Syfert
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Topic #12769

4 canonical passages across 4 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Grover v. Eli Lilly And Company.

#Case FlagCanonical passage Citers
1 Grover v. Eli Lilly And Company Anchor
ca6 · 1994
green “generally, an abuse of discretion is found only where the defendant would suffer 'plain legal prejudice' as a result of a dismissal without prejudice, as opposed to facing the mere prospect of a second lawsuit.” 13
2 Dierdre M. Sherer, Administratrix of the Estate of David W. Sherer, Deceased v. Construcciones Aeronauticas, S.A., a Foreign Corporation
ca6 · 1993
green “a voluntary dismissal without prejudice leaves the situation as if the action had never been filed.” 7
3 Terry Clark v. Robert J. Tansy, Warden Attorney General for the State of New Mexico
ca10 · 1993
green “ensure that the petitioner's ability to present claims of constitutional violations is not abridged merely because the petitioner has unwittingly fallen into a procedural trap created by the intricacies of habeas corpus law.” 7
4 Robert Felder v. Richard D. McVicar
ca7 · 1997
green “as soon as it becomes evident that the district court is going to dismiss it on the merits.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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