DeNardo v. Calista Corp.

I disagree with the opinion’s interpretation of the order dismissing DeNardo’s state action and with its conclusion that the dismissal left DeNardo free to renew his state action after the federal court dismissed his federal action.

The crucial question here is the meaning of the superior court’s order dismissing DeNar-do’s initial state action “with prejudice.” The order incorporated the parties’ stipulation, which agreed to dismiss DeNardo’s state claims “against all defendants ... in their entirety with prejudice ... [without affecting] plaintiffs claims against Calista ... currently…