Pride and Prejudice


Question: When is a dismissal without prejudice in District Court really a dismissal with prejudice? Answer: When two 9th Circuit judges decide that it is for purposes of establishing appellate jurisdiction. Case in point: Romoland School District v. Inland Empire Energy Center LLC, No. 06-56632 (9th Cir. Nov. 18, 2008). A third 9th Circuit judge, however, strongly disagreed with this transmogrification, calling the majority's approach "diametrically opposed to our federal jurisprudence." We're going to Romoland - but before we do, a bit of background is in order.

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