Response to Adenoid_Hynkel (Original post)
Tue Apr 2, 2013, 06:37 PM
Gothmog (37,772 posts)
17. Was this case dismissed with or without prejudice
At least one report on this matter stated that this lawsuit was dismissed with prejudice http://www.deadline.com/2013/04/donald-trump-pulls-plug-on-5m-bill-maher-lawsuit/#utm_source=dlvr.it&utm_medium=twitter
The Celebrity Apprentice host had his lawyers file the request for dismissal with prejudice in LA Superior Court on March 29. Trump, whose NBC show hit a season low last night, first filed the breach of contract suit back in early February against the HBO host. He said that Maher broke a written promise that he’d give $5 million to the charities of Trump’s choice if The Donald could prove he wasn’t “the spawn of his mother having sex with an orangutan.”
If this lawsuit was dismissed with prejudice, then it can not be refiled. The statement from Trump's lawyer seems to indicate that this case was dismissed without prejudice.
Normally it is not a good sign to see a case dismissed or non-suited unless there is a venue or jurisdiction issue. It will be interesting to see if this case is refiled and if refiled, where. If this non-suit or dismissal without prejudice was for the purpose of changing the forum or venue, then Maher can use that against Trump. The non-suit could be for timing purposes, i.e. Trump does not want depositions or other proceedings to interfer with his TV show which is tanking in the ratings.
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Replies to this discussion thread
|Marie Marie||Apr 2013||#23|
|Spitfire of ATJ||Apr 2013||#14|
Was this case dismissed with or without prejudice
|Blue Owl||Apr 2013||#24|
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