BENNETT v. US
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The 13th Circuit (Federal Circuit in this case) dismissed James Bennett’s appeal for lack of jurisdiction because the Court of Federal Claims had granted him leave to file a new consolidated amended complaint, meaning no final judgment existed. The panel held that, under any of the tests used by other circuits for finality in this circumstance, Bennett’s appeal was premature.
Circuit Split Identified
Legal Issue
Whether an order dismissing a complaint but granting leave to amend is an appealable "final decision" under 28 U.S.C. § 1291/§ 1295 before the plaintiff either amends, the amendment period expires, or the plaintiff formally elects to stand on the dismissed complaint.
Circuit Positions
Dismissal with leave to amend is NOT final unless the plaintiff affirmatively stands on the complaint and seeks entry of final judgment.
Dismissal with leave to amend automatically becomes final and appealable when the period to amend expires, even without further district-court action.
Order can be treated as final if the district court states it will become final upon expiration of the amendment deadline.
Conflict Summary
Circuits disagree on when a dismissal with leave to amend ripens into a final, appealable judgment. Some require the plaintiff to announce an intent to stand on the original complaint and ask the district court to enter final judgment; others treat the order as final automatically once the amendment deadline passes; a third group treats the order as final only if the district court expressly states it will become final upon the deadline's expiration.