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Appellate Courts › Dismissal With Prejudice

Nelson Mullins Riley & Scarborough LLP

Eleventh Circuit Addresses the False Claims Act Public-Disclosure Bar

Nelson Mullins Riley & Scarborough LLP on

The Eleventh Circuit’s published decision in United States ex rel. Smith v. Odom, 2025 WL 2424425 (11th Cir. Aug. 22, 2025), affirms dismissal with prejudice under the False Claims Act’s public-disclosure bar and offers...more

Goldberg Segalla

Dismissal of Case Affirmed for Lack of Prosecution, Parallel Bankruptcy Trust Litigation No Excuse for Plaintiff’s Delay

Goldberg Segalla on

Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69...more

McDermott Will & Schulte

No Second Bite at the Apple: Injury Must Be Imminent and Non-Speculative to Support Standing

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit ruled that a party did not have Article III appellate standing to obtain review of a final ruling of the Patent Trial & Appeal Board because the underlying district court...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Hinshaw & Culbertson - Lawyers for the... on

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

Carlton Fields

Careful What You Ask For: Think Twice Before Asking the Appellate Court to Uphold Pleadings You Failed to Fix in the Trial Court

Carlton Fields on

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018), the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should....more

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