P v. D for negligence. District Court dismisses suit with prejudice. Discussion: This is an example of an order that is a final judgment immediately appealable under 28 U.S.C. § 1291. The order “end[ed] the litigation on the merits and leaves nothing for the [trial] court to do but execute the judgment.” This is a […]
Materials, Timing, and Purpose: Differences Between Dispositive Motions JMOL and Motion For New Trial: Rule 50 And 59 Problems JMOL and Motion For New Trial: Rule 50 And 59 Explanations (password until covered) Posted Mar. 28, 2015
Study questions on Voluntary dismissal and “Two Shot Rule” Comparing Rule 41 and Rule 15 Differences between dispositive motions: R12(b)(6), 12(c), 56, 50(a), 50(b) Summary judgment practice essay Types of summary judgment Updated Apr. 1, 2015
Read FRCP 41. Questions: If an NOD is silent regarding its effect, is it with prejudice or without prejudice? Same question regarding an SOD. Can an NOD expressly state that it is with or without prejudice? Why might a plaintiff voluntarily file an NOD with prejudice? Same question regarding an SOD. Why would a plaintiff agree […]
