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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Prejudice! | 255 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Thanks for the explanation of "Prejudice"
Authored by: Anonymous on Sunday, November 04 2012 @ 05:44 PM EST

It would be useful if we had a legal dictionary, with this information. I've
seen people often ask the same question over months, and a link to a
decent reference source would be useful.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

issue or claim preclusion, aka collateral estoppel
Authored by: IANALitj on Sunday, November 04 2012 @ 06:46 PM EST
I am surprised that a dismissal "with prejudice" by a US District
Judge would not prevent the plaintiff from bringing an action in another US
district court in a different district or state for the same claim.

Terminology differs, but "issue preclusion" and "claim
preclusion" are general terms for this, and I would think that either would
apply. There is a wikipedia article with the title "collateral
estoppel."

[ Reply to This | Parent | # ]

Prejudice!
Authored by: bprice on Monday, November 05 2012 @ 12:24 AM EST
Federal Rules of Civil Procedure, rule 41:
(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits. [emphasis added]
(I haven't checked for any local rules for the Western District of Wisconsin, but local rules are not allowed to reduce any party's rights.)

This clause (b) is distinguished from other clauses, which specify "dismissal without prejudice," by specifying only "dismissal". This should mean, by the omission of "without prejudice," that this clause covers dismissal with prejudice.

The phrase "adjudication on the merits" would seem to invoke res judicata, would it not?

On the other hand, if Her Honor dismisses for lack of Article III jurisdiction (per the Motorola brief), the lack-of-jurisdiction exception in the rule might not invoke the "adjudication on the merits" phrase.

If res judicata is invoked, would that not preclude any other action on the same issues?

---
--Bill. NAL: question the answers, especially mine.

[ Reply to This | Parent | # ]

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