Case Citator › Martin v. Duffy

Martin v. Duffy

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fourth Circuit
Citation
858 F.3d 239
Decided
Confirmed treatments
1
Flagged citations read
36 of 36
Citing cases (total)
36
Treatment dates
2022
Overruled in part
A reviewed court has overruled part of this case’s holding. Martin v. Duffy was overruled in part on when a dismissal without prejudice can be appealed. Martin applied a case by case test that asked whether amendment could cure the complaint.
More on how this was screened

The en banc Fourth Circuit replaced that test in Britt v. DeJoy with a rule turning on whether the district court granted leave to amend. Martin's First Amendment retaliation holding is unaffected. All 36 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

36 later cases cite Martin v. Duffy; 36 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Martin v. Duffy?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc Fourth Circuit replaced Martin's case by case test for whether a dismissal without prejudice is appealable.

    Britt v. DeJoy · Fourth Circuit (en banc) · filed

    We now hold that when a district court dismisses a complaint or all claims without providing leave to amend, we need not evaluate the grounds for dismissal or do anything more—the order dismissing the complaint is final and appealable.
    Read the full opinion on CourtListener →

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