Dismissal With Prejudice

News & Analysis as of

Whistleblower Defendant Blows Whistle on Whistleblower

Antonio Saidiani filed a whistleblower suit alleging that NextCare urgent centers and CEO Dr. Shufeldt had collected tens of millions of dollars in false Medicare claims. Antonio was in a position to know because he was that...more

Dismissal with Prejudice Not an Option for Failure to Serve Process Within 120 Days

In this breach of contract case, the trial court sua sponte dismissed a complaint “with prejudice” for failure to serve it within 120 days, after the court entered an order requiring service within 120 days. ...more

Class Action Alleging Servicers Engaged In Loan Modification Fraud Dismissed With Prejudice

On February 20, the U.S. District Court for Central District of California dismissed with prejudice a putative class action against several large mortgage servicers because the named borrowers failed to properly plead their...more

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SASHA GRANAI FUNK - Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more

Improper to Enter Dismissal with Prejudice on Motion to Amend Complaint

In this medical malpractice case, the Plaintiff sought to file an Amended Complaint to, in part, add additional Defendants, which were referred to as the “Potential Defendants.” The Potential Defendants, through counsel,...more

California Supreme Court Closes Door to Appellate Review of Carefully Crafted Interlocutory Orders Disguised as Final Judgments

Today the California Supreme Court issued an opinion in Kurwa v. Kislinger (Oct. 3, 2013, S201619). The decision addresses the question of when a dismissal order is “final enough” to be appealable rather than a...more

Vexatious Litigant – Case Dismissed with Prejudice

In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who, in the immediately...more

New York State Court Dismisses RMBS Fraud Suit Against UBS

On April 5, New York Supreme Court Justice Shirley Werner Kornreich dismissed with prejudice a suit brought by six Loreley Financing entities against various UBS entities. Loreley alleged fraud stemming from UBS’s issuance of...more

District Court Dismisses with Prejudice Loreley CDO Lawsuit

On March 28, Judge Richard Sullivan of the United States District Court for the Southern District of New York dismissed with prejudice a suit by five Loreley Financing entities against several banks and collateral managers...more

IRS Issues Guidance for Native Americans Regarding Tribal Trust Settlements

The IRS recently issued guidance in the form of Notice 2013-1, available here, that provides guidance on federal tax treatment of certain per capita payments made to members of Indian tribes. The background for the Notice is...more

Primer on West Virginia State Law Labor and Employment Claims

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

Judge Stein on Saddam, Oil for Food and RICO

In Republic of Iraq v ABB AG, Judge Stein dismisses claims by the current Iraqi government, the Republic of Iraq, against BNP Paribas under RICO for facilitating the corruption of the United Nation’s Oil for Food Program by...more

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