United States Third Circuit

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S.B. v. Kindercare Learning Centers, 15-2729

In an injury and tort action, arising after another child tore a hair braid from plaintiff child’s scalp at defendant’s day care facility, the court: 1) adopted the legal prejudice exception for finding appellate jurisdiction when a district court dismisses a case without prejudice but imposes unreasonably onerous conditions on a plaintiff’s right to re-file; and 2) dismissed this case for lack of jurisdiction where the district court’s order to plaintiffs to pay defendant’s attorneys’ fees and permit refilling in four years time did not amount to legal prejudice.

Appellate Information

  • Decided
  • Published 2016/03/10




  • United States Third Circuit


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