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Relief from Dismissal

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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United States ex rel. Health Choice All., L.L.C. v. Eli Lilly & Co., No. 19-40906, 2021 U.S. App. LEXIS 20175 (5th Cir. July 7, 2021)

When a plaintiff voluntarily dismissed part of its case without prejudice well in advance of the district court's involuntary dismissal of the rest of the suit with prejudice, the judgment of dismissal is appealable (see Schoenfeld v. Babbitt (11th Cir. 1999) 168 F.3d 1257, 1265–66) even though it would not be if the voluntary dismissal came after the court's ruling… Read More

M.D. v. Newport-Mesa Unified School Dist.

The district court abused its discretion in denying plaintiff's Rule 60(b)(1) motion for relief from dismissal due to its having filed an amended complaint two days after the deadline, since there was no prejudice, no bad faith, and the short delay was attributable to a reasonable misunderstanding of the district court’s docketing practices.  Read More