Yes Rogue, as usual you are wrong but why would a plaintiff be filling a dismissal with prejudice?Now I have never claimed to be any sort of a legal eagle but I think "with prejudice" means they retain the right to refile the lawsuit. I am sure that if I am wrong, one of you will let me know. Rogue
Donald Trump Pulls Plug On $5M Bill Maher Lawsuit
By DOMINIC PATTEN | Monday April 1, 2013
Well, it’s April 1st and we have our fool. After all his huffing and puffing, Donald Trump has unsurprisingly withdrawn his $5 million lawsuit against Bill Maher. 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.”
“A dismissal with prejudice is dismissal of a case on merits after adjudication. The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it”
“Dismissal may occur by the act of a plaintiff upon settling the case. Such a dismissal may be dismissal with prejudice, meaning that the issues are decided and it can never be filed again, or dismissal without prejudice, leaving open the possibility of bringing the suit again”
Maybe the press got it wrong but what else is new on April 1st?