Legal Opinion
Smith v. Lenches
Court of Appeals for the Ninth Circuit
Decided August 30, 2001No. 00-16582PublishedCited by 216 opinions
1Opinion of the Court
RONALD M. GOULD, Circuit Judge:
This is a rare case. In the district court, defendants gained a dismissal with prejudice of all claims against them, which were based on federal law. Yet they complain that they were entitled to more: the right to proceed with their counterclaim seeking a declaration that their alleged conduct did not violate state law — an issue that was pending in state court. The district court dismissed the counterclaim without prejudice. Concluding that the district court’s dismissal of the counterclaim meant to convey no opinion on its merits, we decline the invitation to…
2Cases cited11 opinions
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
- Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
- In Re Silicon Graphics Inc. Securities Litigation. Edmund J. Janas v. Edward R. McCracken Michael Ramsay Robert K. Burgess Thomas J. Oswald Teruyasu Sekimoto Forest Baskett Stephen Goggiano William M. Kelly Lucille Shapiro Silicon Graphics, Inc., Deanna Brody Andrea S. Donald Israel Buck Ruth Buck Denise Struthers Thomas G. Di Cicco Ira Steven B. Ewall Rosalyn Golaine Jerry Krim Mary Anne Beke Herman Grossman Samuel J. Reiner Dennis Lucas v. Edward R. McCracken Michael Ramsay Robert K. Burgess Thomas J. Oswald Teruyasu Sekimoto Forest Baskett Stephen Goggiano William M. Kelly Lucille Shapiro Silicon Graphics, Inc.Court of Appeals for the Ninth Circuit · 1999
- 98 Cal. Daily Op. Serv. 291, 98 Daily Journal D.A.R. 398 Government Employees Insurance Company v. Alexander Dizol, Special Administrator of the Estate of Kevin Tate Dizol, DeceasedCourt of Appeals for the Ninth Circuit · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by216 opinions
- WPP Luxembourg Gamma Three Sarl v. Spot Runner, Inc.Court of Appeals for the Ninth Circuit · 2011
- Youssif Kamal v. Eden Creamery, LLCCourt of Appeals for the Ninth Circuit · 2023
- Richard Zanowick v. Baxter Healthcare Corp.Court of Appeals for the Ninth Circuit · 2017
- Williams v. Peralta Community College Dist.District Court, N.D. California · 2005
- Horne v. Wells Fargo Bank, N.A.District Court, C.D. California · 2013
211 more not listed; retrieve them via the Exa API.