Legal Opinion
Page Plus of Atlanta, Inc. v. Owl Wireless, LLC
Court of Appeals for the Sixth Circuit
Decided October 28, 2013No. 12-4551, 12-4565PublishedCited by 24 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
Does a party’s conditional dismissal of unresolved claims, in which the party reserves the right to reinstate those claims if the case returns to the district court after an appeal of the resolved claims, create a final order under 28 U.S.C. § 1291? No.
After Page Plus and SNAP Prepaid sued Owl Wireless for breach of contract, Owl counterclaimed for breach of the same contract. In a series of orders, the district court granted summary judgment in favor of Owl on the plaintiffs’ claims as well as on Owl’s counterclaim. All that remained was a damages trial on Owl’s…
2Cases cited16 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Catlin v. United StatesSupreme Court of the United States · 1945
- Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
- Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
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3Cited by24 opinions
- Innovation Ventures, LLC v. Custom Nutrition Labs., LLCCourt of Appeals for the Sixth Circuit · 2018
- Stephen Hill v. Homeward Residential, Inc.Court of Appeals for the Sixth Circuit · 2015
- Sprint Nextel Corporation v. Wireless Buybacks HoldingsCourt of Appeals for the Fourth Circuit · 2019
- Bd. of Trs. of the Plumbers, Pipe Fitters & Mechanical Equipment Serv., Local Union No. 392 v. HumbertCourt of Appeals for the Sixth Circuit · 2018
- Kimissa Rowland v. Southern Health Partners, IncCourt of Appeals for the Sixth Circuit · 2021
19 more not listed; retrieve them via the Exa API.