The 4th Circuit affirmed the lower court's dismissal of a wrongful-death action without prejudice. The District Court's refusal to dismiss with prejudice was based on the concern that doing so would deny Payne, on statute of limitations grounds, the ability to refile even though she had been granted an additional six months by the Virginia Supreme Court. The Court held that this decision and setting aside entries of default were within the court's discretion.
Payne v. Brake
March 1, 2006