In return for the settlement payment, the company has received dismissal with prejudice
of the pending qui tam claims and DOJ's release of the company and all its subsidiaries from liability as specified in the settlement agreement for the time period from January 1, 2006 through the date of the agreement.
Morgan Lewis secured a rare dismissal with prejudice
on the first motion to dismiss filed in a securities fraud class action brought against Tempur Sealy International Inc., a global bedding provider, and its CEO and former CFO.
The Purdons seek dismissal with prejudice
but the court finds that the Purdons will not be unfairly prejudiced by a dismissal without prejudice.
He argued that since the settlement produced a dismissal with prejudice
, Vacuforce was the "prevailing party" for purposes of fees under the Copyright Act, 17 U.S.C.
"While dismissal with prejudice
'is a remedy of last resort,' it is necessary in these circumstances," Justice Frank M.
The terms of the settlement are confidential,except that a stipulation of voluntary dismissal with prejudice
was filed in Baltimore City Circuit Court a week ago.
The obligations of the parent and merger sub to consummate the merger are subject to the final dismissal with prejudice
or settlement in a manner reasonably satisfactory to Parent of securities litigation matters to which the company or one or more of its affiliates is a party.
lf the Court issues an order and judgment that approves the Settlement and becomes final, Plaintiff and Defendants will then file a joint voluntary dismissal with prejudice
of the Litigation.
(11) However, the dissent then discussed cases in which appellate courts reversed the imposition of the severe sanction of dismissal with prejudice
due to a lack of proportionality with the offense that led to the dismissal.
The parties reached a private settlement and filed a joint stipulation of dismissal with prejudice
Typically, once parties have a full and fair opportunity to present their cases, failure to prove one's case results in dismissal with prejudice
. (26) In addition, dismissal with prejudice
can be used as a sanction.
Glaukos and Transcend also have agreed to file a joint stipulation of dismissal with prejudice
of all of their claims against each other in this matter, with each party responsible for its own legal expenses.