"ShipEx was simply wrong to assert that the court could grant summary judgment without prejudice based on an application of the factors in rule 41(b), and it led the court to adopt this error," said Judge David N. Mortensen. "Because summary judgment is by nature an adjudication on the merits and with prejudice, the district court erred in characterizing it otherwise."
October 18, 2022 at 04:14 PM
5 minute read
The Utah Court of Appeals has ruled that a lower court was wrong to grant summary judgment without prejudice.
The court weighed whether summary judgment should be entered with or without prejudice after a plaintiff failed to produce required disclosures resulting in no available evidence to prove its claims, according to the opinion.
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