Posted On: 03/09/2016 2:06:48 AM
Post# of 72446
A decision on the jurisdiction (venue) question is not usually a final determination of the case. This mistake can most times be remedied thru the refiling or transfer of the case to the proper court. If Rosen is allowed to refile this case in another jurisdiction, then they would (in effect) get yet another opportunity to "amend" their complaint.
When I read that in Sullivan's motion, my stomach did a little flutter. I have been very impressed with Sullivan so far and he probably has information that I do not. But I have been wishing that Sullivan had left the venue issue out of his motion to dismiss.
If the motion to dismiss is granted on the merits, that should be a final determination (with prejudice) dismissal. However, I have heard of at least one other instance where another case (not class action) was dismissed in one jurisdiction (I.e. federal) but then were refiled in state court.
When I read that in Sullivan's motion, my stomach did a little flutter. I have been very impressed with Sullivan so far and he probably has information that I do not. But I have been wishing that Sullivan had left the venue issue out of his motion to dismiss.
If the motion to dismiss is granted on the merits, that should be a final determination (with prejudice) dismissal. However, I have heard of at least one other instance where another case (not class action) was dismissed in one jurisdiction (I.e. federal) but then were refiled in state court.
Quote:
The wrong venue thing should be enough to justify dismissing the case. If a case is dismissed with prejudice in one venue, can someone file the same case in another venue? - Drano
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