dismissal of action

dismissal of action

the termination of a civil action at the motion of the defendant. While an order for dismissal may be made at the conclusion of the trial, it is usually made during interlocutory proceedings. An action may be dismissed for want of prosecution where the plaintiff has been guilty of inexcusable delay in circumstances where there has been seen to be prejudice to the defendant or where there is a risk that a fair trial is no longer possible. In Scotland a civil action may be dismissed if it cannot be legally supported. If so, it may be raised again provided not out of time.
References in periodicals archive ?
1999) (trial court's dismissal of action was justified because of plaintiff's fraud during discovery); Baker v.
Fraud on the court as a basis for dismissal with prejudice or default: an old remedy has new teeth
1996) (failure of pro se plaintiff to attend CMC does not warrant dismissal of action unless court order has a finding of violation that was flagrant, persistent, willful or otherwise aggravated).
The case management conference: tune-up needed? (Trial Lawyers Forum)
Appeal of district court dismissal of action under Federal Tort Claims Act alleging violation of bank supervision requirements.
PENDING CASES INVOLVING THE BOARD OF GOVERNORS
Appeal of dismissal of action challenging income taxation and Federal Reserve notes.
PENDING CASES INVOLVING THE BOARD OF GOVERNORS
In other countries, the scandal over Arror and Kimwarer dams and the public resources at risk in the scam should have triggered shock waves of self-examination among leaders.Here, it is business as usual, sloganised dismissal of actions and motives of investigative authorities and reluctance to look squarely in the mirror and concede that things have gone awfully wrong.
Punish dam scam architects to stem entrenchment of impunity
When looking at three cases cited in the sponsor's memorandum, identified and discussed more fully below, the sponsor determined "that further statutory revision [was] in order to fully foreclose dismissal of actions for technical, non-prejudicial defects." Id.
All is not forgiven - the application of CPLR 2001 to Mendon Ponds defects
AMEND RULE 1.420 (a)(1)--to allow voluntary (DISMISSAL OF ACTIONS) dismissal of part, not just all, of a suit.
Amendments to the rules of civil Procedure
As Denlow demonstrates, however, case law from the United States Supreme Court and the seventh circuit interpreting FRCP 41 ("Dismissal of Actions") suggests that settling parties cannot always have everything they want.
Does your order of dismissal do the job? Case law from the United States Supreme Court and the Seventh Circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction
that function as designed and intended." It requires immediate dismissal of actions pending in state or federal courts and bars all future suits.
Constitutional challenge takes aim at gun industry immunity
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