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Message: Ron ...

Re: Ron ...

in response to by
posted on Feb 21, 2007 06:12PM
Try Ron's original response just twelve posts back for your answer............

gex...

Posted by ronran on February 21, 2007 at 5:42PM
In response to Re: New Pacer--UNITED STATES DISTRICT COURT by gexseven

A "with prejudice" dismissal means that the plaintiff cannot re-file the suit against the dismissed defendant at a later time if some technical grounds or circumstances subsequently arise that would otherwise allow such.

For example, a judge could dismiss a case if one of the plaintiff's attorneys fails to attend the pretrial conference (I have seen this happen). Under those circumstances, the dismissal would virtually always be "without prejudice", in order to allow re-filing --- after all, the judge would not likely want to harm the actual plaintiff in the case merely because the lawyer failed to mark his calendar.

I am not going to go into further detail about this, because it really is a non-issue insofar as the present case is concerned. A "with prejudice" dismissal is very standard and is agreed upon between the parties, since all defendants who pay money to settle want the assurance of not being brought back into the case.

Hope this helps. Good luck to all.


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