In federal court, partial dismissals present plaintiffs with a difficult choice. They can seek an immediate appeal or continue litigating their live claims. But they cannot do both, though they are often motivated to do so. And defendants should be prepared to hold plaintiffs to that choice—as the Ninth Circuit indicated it was willing to do in comments during a recent oral argument.
Links We Like
- Notice of Appeal: Back to Basics to Avoid Disaster
- Sanctions for Partially Frivolous Appeals in California
- LAW OF THE CASE: Application in California Courts
- Attorneys, Clients, Constructive Knowledge, and Malicious Prosecution
- Amicus Briefs: The Difficulties in Navigating the Party Presentation Rule