Legal Opinion
Dennis Marlow and Provest, Incorporated, Formerly Known as Dennis Marlow, Incorporated v. Winston & Strawn, a Partnership, and Leslie A. Blau
Court of Appeals for the Seventh Circuit
Decided March 14, 1994No. 93-1475, 93-1579PublishedCited by 70 opinions
1Opinion of the Court
MANION, Circuit Judge.
Dennis Marlow and Provest, Inc. challenge an order of the district court which granted Marlow’s motion for voluntary nonsuit in part, but sua sponte converted it into a dismissal with prejudice. The court did not offer Marlow the opportunity to elect between taking the dismissal (which could have full res judicata effect upon a simultaneous, although stayed, state court proceeding) or proceeding to trial on the merits. We conclude that the dismissal bypasses the district court’s obligations under Fed.R.Civ.P. 41(a)(2) to offer plaintiffs a choice between taking the…
2Cases cited9 opinions
- Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. HerrCourt of Appeals for the First Circuit · 1986
- Collins v. ReynardIllinois Supreme Court · 1992
- Antowyn Cauley v. John WilsonCourt of Appeals for the Seventh Circuit · 1985
- Gaf Corporation v. Transamerica Insurance Company. Gaf Corporation v. Transamerica Insurance CompanyCourt of Appeals for the D.C. Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Peso Chavez and Gregory Lee, Individually and on Behalf of All Persons Similarly Situated v. The Illinois State Police, Terrance W. Gainer, Individually and in His Official Capacity as Director of the Illinois State Police, Michael Snyders, Individually and in His Official Capacity as Illinois State Police Operation Valkyrie Coordinator, Edward Kresl, Individually and in His Official Capacity as District Commander of the Illinois State Police, and Larry Thomas, Daniel Gillette, Craig Graham, Robert P. Cessna, Robert Lauterbach, and Dale Fraher, Officers of the Illinois State Police, in Their Individual CapacitiesCourt of Appeals for the Seventh Circuit · 2001
- Elbaor v. Tripath Imaging, Inc.Court of Appeals for the Fifth Circuit · 2002
- American Water Development, Inc. v. City of AlamosaSupreme Court of Colorado · 1994
- United States ex rel. Stone v. Rockwell International Corp.Court of Appeals for the Tenth Circuit · 2002
- Stephen E. Duffy Sue Ann Duffy v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 2000
65 more not listed; retrieve them via the Exa API.