Tag Archives: Fed. R. Civ. P. 41(b)

Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility

In R.A. v. McClenahan, No. 24-1008 (4th Cir. Dec. 3, 2024), the Fourth Circuit reverses a district court’s action granting leave to the plaintiff to amend their complaint after remand from the first appeal, despite that a panelist on the first appeal (who has since taken senior status) expressly suggested that course in a separateContinue reading “Fourth Circuit Castigates District Court for Reopening Case on Remand, Even Though a Concurring Judge Originally Suggested That Possibility”

Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases

In Rodriguez v. Hirshberg Acceptance Corp., No. 20-2184 (6th Cir. Mar. 14, 2023), the Sixth Circuit – while recognizing the district court’s “tremendous freedom in managing their caseload” – holds that a common procedural method of tabling inactive litigation, the “administrative closure,” has no foundation in the Federal Rules of Civil Procedure and recommends aContinue reading “Sixth Circuit Disapproves of “Administrative Closure” of Case by District Court As “Irreconcilable With the Requirements Set Forth in the [Federal] Rules” for Closing Cases”