Smith v. Lenches
263 F.3d 972 (9th Cir. 2001) Cited 564 timesHolding where state law issues presented in federal declaratory relief action will be presented in pending state case, "first factor weighs decidedly against [party seeking declaratory relief]"
Westlands Water District v. U.S.
100 F.3d 94 (9th Cir. 1996) Cited 520 timesHolding that “uncertainty” caused by the specter of future litigation is “insufficient to establish plain legal prejudice”
Stevedoring Services of Am. v. Armilla Intern
889 F.2d 919 (9th Cir. 1989) Cited 263 timesHolding district court did not abuse discretion in refusing to require payment of costs and attorney's fees
Terrovona v. Kincheloe
852 F.2d 424 (9th Cir. 1988) Cited 143 timesFinding district court did not abuse its discretion in denying petitioner's request for dismissal without prejudice where magistrate judge had already issued report and recommendations on defendant's motion for summary judgment
Maxum Indemnity v. A-1 All Am. Roofing
299 F. App'x 664 (9th Cir. 2008) Cited 29 timesFinding that the district court acted within its discretion in dismissing a claim with prejudice because the district court had indicated to both parties how it planned to rule on that claim prior to the motion to dismiss
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 108,151 times 195 Legal AnalysesHolding that such dismissal "operates as an adjudication on the merits"