Air-Con, Inc. v. Daikin Applied Latin America, LLC
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The First Circuit dismissed Air-Con, Inc.’s appeal for lack of appellate jurisdiction. It held that because Daikin voluntarily dismissed its counterclaim without prejudice, the district court’s order was not a final decision under 28 U.S.C. § 1291, leaving no basis for an immediate appeal.
Circuit Split Identified
Legal Issue
Whether a party’s voluntary dismissal of its remaining claim without prejudice creates a final, appealable judgment under 28 U.S.C. § 1291.
Circuit Positions
Voluntary dismissal without prejudice defeats finality; no appellate jurisdiction under §1291.
Voluntary dismissal without prejudice creates finality regardless of party intent.
Finality depends on whether the dismissal was intended to manipulate jurisdiction; may allow appeal in absence of bad faith.
Conflict Summary
Most circuits hold that a voluntary dismissal without prejudice does NOT create finality because the claim can be revived in the same district court, whereas the Eleventh Circuit (and some Ninth Circuit panels) treat such dismissals as producing a final decision. The First Circuit joins the majority rule rejecting finality; the Ninth Circuit applies a case-specific manipulation test.