Legal Opinion

LOCAL MOTION, INC., Plaintiff-Appellee, v. Christine NIESCHER; Franz Hegele; Snow Business, Defendants-Appellants

Court of Appeals for the Ninth Circuit

Decided January 21, 1997No. 95-16081PublishedCited by 25 opinions

1Per curiam

German businesswoman Christine Niescher appeals the granting of partial summary judgment in favor of plaintiff-appellee Local Motion, Inc. Niescher brings this appeal after the district court approved dismissal of Local Motion’s remaining claims without prejudice. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Local Motion contends the dismissal of its remaining claims without prejudice means there is no final judgment. This court has held that a losing party may not “manufacture finality” by dismissing his or her remaining claims without prejudice. Dannenberg v. Software Toolworks,…

2Cases cited5 opinions

  1. Dannenberg v. Software Toolworks Inc.Court of Appeals for the Ninth Circuit · 1994
  2. Hanagami v. China Airlines, Ltd.Hawaii Supreme Court · 1984
  3. Industrial Indemnity Company v. Aetna Casualty and Surety CompanyCourt of Appeals for the Ninth Circuit · 1972
  4. Cunha v. Ward Foods, Inc.Court of Appeals for the Ninth Circuit · 1986
  5. MPM Hawaiian, Inc. v. World SquareHawaii Intermediate Court of Appeals · 1983

3Cited by25 opinions

  1. Stratosphere Litigation L.L.C. v. Grand Casinos, Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Therma-Scan, Inc. v. Thermoscan, Inc.Court of Appeals for the Sixth Circuit · 2000
  3. American States Insurance Company v. Dastar CorporationCourt of Appeals for the Ninth Circuit · 2003
  4. Miller v. United StatesCourt of Appeals for the Ninth Circuit · 2004
  5. Miller v. United StatesCourt of Appeals for the Ninth Circuit · 2004

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