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LSDefine

Simple English definitions for legal terms

dismissal with prejudice

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A quick definition of dismissal with prejudice:

Dismissal with prejudice: When a court says a person can't bring their case to court again. This happens when the court thinks the person did something wrong or is being annoying. It's like getting in trouble and not being allowed to do the same thing again. Sometimes, if the rules are different in another court, the person can try again there.

A more thorough explanation:

Definition: Dismissal with prejudice is a legal term that means a court has dismissed a claim, and the plaintiff is not allowed to bring that claim in another court. This is different from dismissal without prejudice, where the plaintiff can bring their claim in another court.

Under Federal Rules of Civil Procedure Rule 41(b), a dismissal is usually considered an “adjudication on the merits,” and therefore with prejudice. However, the District Courts have discretion as to whether they should dismiss with or without prejudice.

For example, in Soul Circus, Inc. v. Trevana Entertainment, Inc., a New York District Court ruled that “plaintiff’s failure to offer a persuasive reason for dismissal without prejudice, the vexatious nature of its actions, its attempt to avoid a prompt resolution in a forum no longer to its liking, and its failure to seek such a dismissal earlier all weigh in favor [of granting the defendants’ motion to dismiss with prejudice.]”

However, in Semtek Int’l Inc. v. Lockheed Martin Corp., the Supreme Court clarified that when a plaintiff had their claim dismissed in federal court with prejudice because of federal procedural law, the plaintiff may actually bring that claim in a state court if the state procedural laws differ from the federal laws and would allow the claim.

For example, if a plaintiff filed a claim in federal court but missed the federal statute of limitations, the court may dismiss the claim with prejudice. However, if the state statute of limitations is longer, the plaintiff may be able to bring the claim in a state court.

Overall, dismissal with prejudice is a serious consequence for a plaintiff, as it means they cannot bring their claim in another court. District Courts have discretion in deciding whether to dismiss with or without prejudice, and the decision may depend on factors such as the plaintiff’s behavior and the burden on the court system.

dismissal | dismissal without prejudice

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thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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