Topic: a district court's dismissal under rule 12(b)(6) is, of cou… · Go Syfert
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Topic #1412

3 canonical passages across 2 cases, quoted by 21 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 Russell H. Carter v. Norfolk Community Hospital Association, Inc., a Virginia Corporation.

#Case FlagCanonical passage Citers
1 Russell H. Carter v. Norfolk Community Hospital Association, Inc., a Virginia Corporation Anchor
ca4 · 1985
green “a district court's dismissal under rule 12(b)(6) is, of course, with prejudice unless it specifically orders dismissal without prejudice.” 11
2 McLean v. United States
ca4 · 2009
green “courts have held that, unless otherwise specified, a dismissal for failure to state a claim under rule 12(b)(6) is presumed to be both a judgment on the merits and to be rendered with prejudice.” 7

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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