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Based on these filings, the District Court granted Patterson's motion to dismiss for lack of personal jurisdiction, in what Judge Bailey would later deem "a thorough and thoughtful opinion." [ 1 ] The trial court felt that the connection between Patterson in Texas and CompuServe in Ohio was "too tenuous to support the exercise of personal ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit.
The court could dismiss your case or change it to Chapter 7 if you’re late on your Chapter 13 payment. You can request a payment reduction or amendment if you’ve faced an unexpected financial ...
On August 1, 2011, Judge Timothy Black dismissed the SBA List's challenge to the Ohio law, holding that the federal court lacked jurisdiction since the billboards were never erected and the OEC never made a final ruling [12] [13] and denied a motion for summary judgment by SBA List in the defamation case, allowing Driehaus's defamation claims ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Ohio voting-rights groups moved to dismiss their lawsuit against Ohio's unconstitutional congressional map on Tuesday, arguing that prolonging the legal wrangling over where to draw district ...
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
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