Section Newsletters

Articles From Christian Ketter

Mark Your Calendars: How Long Can a Dismissal “Without Prejudice” Loom in Federal Court? By Christian Ketter Federal Civil Practice, September 2025 Federal courts may dismiss an action under Rule 41 of the Federal Rules of Civil Procedure either with or without prejudice. Whether with or without prejudice, both parties must remain vigilant after a dismissal for any future actions. 
“Three Strikes, You’re Out” for All Frivolous Pro Se Inmate Cases? The Prison Litigation Reform Act’s “Balls & Strikes” By Christian Ketter Federal Civil Practice, September 2025 The "three strikes" rule of the Prison Litigation Reform Act may only apply in certain circumstances. Some courts have held that the "three strikes" rule does not apply to removal from state court to federal court. Unless the Supreme Court speaks to this issue, this procedural loophole may allow a backdooring of cases that are otherwise malicious, frivolous, and fail to state a claim.

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