Does a dismissal without prejudice constitute a final decision?
MultiRegion, United States of America
The following excerpt is from Westlands Water Dist. v. US Dept. of Interior, 850 F. Supp. 1388 (E.D. Cal. 1994):
As a general matter, dismissals without prejudice do not constitute a final decision. Brandenfels v. Heckler, 716 F.2d 553, 557 (9th Cir.1983) (dismissal without prejudice of administrative proceeding has no preclusive effect). An order on a post-trial motion to enforce judgment is not analogous to an order made during pre-trial stages of litigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a dismissal of a complaint without prejudice constitute a final order? (MultiRegion, United States of America)
Can a motion to dismiss without prejudice be dismissed without paying attorneys' fees? (MultiRegion, United States of America)
Can a notice of dismissal pursuant to Rule 41(a)(1)(A)(A) be dismissed without prejudice? (MultiRegion, United States of America)
What is the test for de novo review of a decision by a district court to dismiss an indictment without prejudice under the Speedy Trial Act? (MultiRegion, United States of America)
Does the Speedy Trial Act distinguish between dismissals with and dismissals without prejudice? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
Is a decision to dismiss with or without prejudice an abuse of discretion? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for dismissing a motion for summary dismissal without prejudice? (MultiRegion, United States of America)
What constitutes "flagrant misbehavior" in the context of a motion to dismiss a criminal charge without prejudice? (MultiRegion, United States of America)
