N.Y. High Court Revives Malpractice Suit Over Representation of Convicted Lawyer Jun 27, 2008
In a decision written by Judge Carmen Beauchamp Ciparick, the court said the dismissal without prejudice in Landau v. Larossa, Mitchell & Ross, 604476/01, "lacks a necessary element of res judicata -- by its terms such a judgment is not a final determination on the merits.". The court noted that only the issues of Eisen and Landau's standing and capacity had thus far been litigated. (Law.com)
Montgomery School Lawsuit Dismissed Apr 3, 2008
MT. VERNON - A Dismissal Without Prejudice suit was filed last week by lawyers representing Rosa Sanchez, who had filed a lawsuit on behalf of her minor child after a school teacher allegedly had sexual relations with the child. Attorneys for Rosa Sanchez withdrew the suit from Montgomery County Superior Court last week. (Dublin Courier Herald, GA)
Charges dropped in Mescal drug case (198) Mar 8, 2008
Judge Joe Knoblock signed the dismissal without prejudice, meaning the complaint against Stapleton can be re-filed later if lab results on suspected drugs taken from her house warrant it. The arrest came just one day after Sheriff Larry Dever met with Mescal business owners about crime problems in the area. (Benson San Pedro Valley News Sun, AZ)
MySpace, Facebook Pages Called Key to Dispute Over Insurance Coverage for Eating Disorders Feb 1, 2008
Last October he agreed to a dismissal without prejudice in Kamer for what he terms "technical issues," but he says he plans to refile soon. Horizon's counsel, Philip Sellinger of Greenberg Traurig in Florham Park, N.J., declines comment. (Law.com)
Florida State Attorney General Files Notice of Dismissal of Initial Action Jan 22, 2008
OREM, Utah, Jan. 22, 2008 (PRIME NEWSWIRE) -- iMergent, Inc., (AMEX: - ) a leading provider of eCommerce software for small businesses and entrepreneurs, announced the Attorney General of the State of Florida, on Jan. 17, 2008, filed a notice of dismissal without prejudice of a complaint filed on June 26, 2007 against the company. The complaint had specific counts seeking to require the company to register as a seller of business opportunities and of alleged violations of the deceptive and... (Primezone Releases)
43 of 84 Wecht charges dropped Jan 5, 2008
Defense lawyers objected, arguing that dismissal without prejudice would severely affect their trial strategy. Judge Schwab said the more narrow set of charges would allow the jury to better focus its attention and "contribute to the conservation of strained judicial resources.". (Pittsburgh Post-Gazette, PA)
Burkle Billions Get Bill Clinton's Ear, Hillary Too, No Respect From Ovitz Nov 3, 2007
Hawk filed a voluntary dismissal without prejudice. Burkle then successfully added Allied to his holdings along with Performance Transportation Services Inc., another car-hauling firm he controls, after the bankruptcy plan was approved in May. (Bloomberg)
Biomoda, Inc. Dismisses All Claims Against Advanced Optics Electronics, Inc.'s CEO Aug 24, 2007
ALBUQUERQUE, N.M., Aug. 23 /PRNewswire-FirstCall/ -- Late, Wednesday, August 22, 2007, Biomoda, Inc.'s attorney filed a dismissal of previous claims: "Comes now Biomoda, Inc. and John Cousins and pursuant to Rule 1-41A(1)(a), N.M.R.Civ.P., herewith and gives notice of the dismissal without prejudice of all claims they made herein". This dismissed all claims made by Biomoda, Inc. and John Cousins against Advanced Optics Electronics, Inc., Leslie S. Robins, and Alvin Robins. (PR Newswire)
Judges bar trials for two detainees Jun 5, 2007
com ONLINE EXTRAS PHOTO STORE. High-quality prints of historic sites and events, cityscapes, sports venues and more. (Philadelphia Inquirer)
Millennium's Bid Catches the Wrong Wave Apr 14, 2007
In a terse order issued March 30, King County Superior Court Judge Dean Lum granted Millennium's request for dismissal without prejudice. Wave sued Millennium in October, claiming the cable operator reneged on a deal to sell about 70,000 subscribers in Washington, Oregon and Michigan to Wave for $157 million. (Multichannel News)
Circuit Court Feb 16, 2007
HSBC (USA) National Association Trustee vs. Edward P. Cormican Jr. , Calumet Regional Trust NC 1005 and Unknown Occupant; Order Setting Aside Default Judgment and Dismissal without Prejudice. MHS Inc. vs. Sharon Earl; Agreed Judgment against Defendant in the amount of 1,473. (Kentland Newton County Enterprise, IN)
Third Wave settles for $10.75M in patent case Jan 31, 2007
The companies will either seek a dismissal without prejudice or an extension of the trial date for Stratagene's lawsuit against Third Wave. The companies have also agreed to try to resolve that case and any other disputes through an agreement that allows the firms to elect arbitration or seek a royalty-bearing license. (Milwaukee Business Journal, WI)
Jury Finds Broadcom Does Not Infringe Two Qualcomm Patents, Recommends Findings That Qualcomm Engaged in Inequitable Conduct and Abused Industry Standards Jan 27, 2007
Broadcom is also appealing last year's dismissal without prejudice of its federal antitrust lawsuit against Qualcomm. The dismissal, by a U.S. District Judge in New Jersey, was appealed to the U.S. Court of Appeals for the Third Circuit in September 2006. (PR Newswire)
Insurance pays to defend poultry suit Jan 7, 2007
It took months to work out the consent order, Haydel said, explaining that the county had requested a dismissal without prejudice when the state Legislature gave authority over chicken houses to DHEC.. Negotiations on the consent order were not completed until Dec. 2006, Haydel said. (Orangeburg Times and Democrat, SC)