Stipulation of Dismissal – Paul Mollica's Federal Courts Blog

Fourth Circuit Holds That Stipulation of Dismissal Without Prejudice Can Be Remedied by Plaintiff Waiver in Appellate Briefing or Argument

In Metz v. McCarthy, No. 24-1820 (4th Cir. Feb. 25, 2026), the Fourth Circuit holds that a stipulation in the district court of dismissal without prejudice, which would deprive the court of appellate jurisdiction, can be repaired on appeal by the expedient of the plaintiff agreeing in briefing or argument that dismissal of all claimsContinue reading “Fourth Circuit Holds That Stipulation of Dismissal Without Prejudice Can Be Remedied by Plaintiff Waiver in Appellate Briefing or Argument”