Topic: for a dismissal without prejudice to be inherently final, i… · Go Syfert
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Topic #19321

7 canonical passages across 4 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 The Robert N. Clemens Trust v. Morgan Stanley Dw, Inc..

#Case FlagCanonical passage Citers
1 The Robert N. Clemens Trust v. Morgan Stanley Dw, Inc. Anchor
ca6 · 2007
green “for a dismissal without prejudice to be inherently final, it must, as a practical matter, prevent the parties from further litigating the merits of the case in federal court.” 4
2 Network Communications v. Michigan Bell Telephone Company
ca6 · 1990
green “courts of appeals have uniformly held that an order dismissing a complaint is not a final order when it is possible for a plaintiff to file an amended complaint resurrecting the lawsuit.” 3
3 United States v. John F. Yeager
ca6 · 2002
green “as a practical matter, prevent the parties from further litigating the merits of the case in federal court.” 3
4 United States v. John F. Yeager
ca6 · 2002
green “for a dismissal without prejudice to be inherently final, it must, as a practical matter, prevent the parties from further litigating the merits of the case in federal court.” 3
5 The Robert N. Clemens Trust v. Morgan Stanley Dw, Inc.
ca6 · 2007
green “not ... enter a final judgment.” 3
6 Thompson v. Michigan Department of Corrections
ca6 · 2001
green “dismissed the complaint, as opposed to the action.” 3
7 Network Communications v. Michigan Bell Telephone Company
ca6 · 1990
green “an order dismissing a complaint is not a final order when it is possible for a plaintiff to file an amended complaint resurrecting the lawsuit.” 2

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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