Alan Mackenzie wrote:
Now come on, old RJ. You're not village idiot enough to equate "dismissed with prejudice" with "tossed out as meritless". You've read enough web pages where it's been explained what really happened.
Maybe he is. Who knows? Anyway, when the parties to a lawsuit settle and agree to have the suit dismissed with prejudice, it means that the plaintiff agrees that his complaint has been satisfied and will not a file another claim in the same matter. Presumably, experienced defense lawyers will make this part of a settlement agreement so that the plaintiff can't change his mind a little bit later and sue all over again. And of course, there's a major difference between a judge dismissing a claim with prejudice and the plaintiff doing so as part of a settlement. In the former case, the judge really is tossing out the suit as meritless. In the latter case, the plaintiff is satisfied by the settlement and the defendant wants assurances of this. Here's a recent similar example: <http://imperialvalleynews.com/index.php?option=com_content&task=view&id=5222&Itemid=2> "Terminator Salvation" Lawsuit Dismissed With Prejudice After Settlement Reached Hollywood, California - Halcyon Co. co-CEOs Derek Anderson and Victor Kubicek and producer Moritz Borman announced today that Mr. Borman’s lawsuit against Halcyon has been dismissed with prejudice after the two sides amicably resolved all of the outstanding differences between them related to the upcoming film “Terminator Salvation.” Said Messrs. Borman, Anderson and Kubicek: “We are glad to have these issues behind us so we can focus on working with our filmmakers and our studio partners at Warner Bros and Sony Pictures to give Terminator fans the next amazing installment in this enduring series of films.” _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
