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Response to Adenoid_Hynkel (Original post)

Tue Apr 2, 2013, 06:37 PM

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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Arrow 24 replies Author Time Post
Adenoid_Hynkel Apr 2013 OP
olddots Apr 2013 #1
Marie Marie Apr 2013 #23
AnnieK401 Apr 2013 #2
pschoeb Apr 2013 #3
xtraxritical Apr 2013 #4
randome Apr 2013 #10
arcane1 Apr 2013 #5
TeamPooka Apr 2013 #6
bemildred Apr 2013 #7
Shrike47 Apr 2013 #8
randome Apr 2013 #18
In_The_Wind Apr 2013 #9
Blandocyte Apr 2013 #11
SunSeeker Apr 2013 #12
olddad56 Apr 2013 #13
Spitfire of ATJ Apr 2013 #14
randome Apr 2013 #15
zentrum Apr 2013 #16
LineNew Reply Was this case dismissed with or without prejudice
Gothmog Apr 2013 #17
Mira Apr 2013 #19
muntrv Apr 2013 #20
6000eliot Apr 2013 #21
PolitFreak Apr 2013 #22
Blue Owl Apr 2013 #24
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