Articles Posted in US Court of Appeals for the Fourth Circuit

Plaintiff filed suit against Wauquiez Boats, alleging claims for breach of maritime contract and for products liability under the general maritime law. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1) for failing adequately to demonstrate admiralty and maritime jurisdiction. However, plaintiff had filed an amended complaint under Federal Rule of Civil Procedure 15 roughly an hour before the district court filed its order dismissing the case. The Fourth Circuit reasoned that, because the amended complaint remained the operative complaint in the district court and was unaddressed by Wauquiez Boats or the court, the district court's order dismissing the original complaint and denying sanctions was not a final decision under 28 U.S.C. 1291. Accordingly, the court dismissed plaintiff's appeal and Wauquiez Boats' cross-appeal requesting sanctions, for lack of appellate jurisdiction. View "Fawzy v. Wauquiez Boats SNC" on Justia Law