Wmx Technologies, Inc. v. Miller
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
All 1,220 flagged citations have been read. North American Butterfly Association v. Wolf allowed an appeal after the time to amend expired without the further district court order that WMX requires; that confirmed treatment is listed below. Other opinions applied WMX's appellate-finality rule or reported its treatment of earlier Ninth Circuit cases.
1,220 citations to Wmx Technologies, Inc. v. Miller 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 Wmx Technologies, Inc. v. Miller?
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
Declined to follow
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The D.C. Circuit rejected WMX's requirement for a further district court order when the dismissal clearly ended the case and the time to amend had expired.
North American Butterfly Association v. Wolf · D.C. Circuit · filed
All we decide is that this appeal, taken after expiration of the minute order’s time-limited opportunity to amend, and appealing from the judge’s dismissal order and accompanying opinion that unambiguously dismissed the entire “case” and all “claims,” addresses a final decision of the district court and therefore falls within our jurisdiction under section 1291—without the need for the plaintiff to request and obtain a further order from the district court. Contra WMX Techs., 104 F.3d at 1136 (requiring a further district court order).
Read the full opinion on CourtListener →
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