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We therefore reverse the dismissal based on extraterritoriality of the claims against the Largo defendants.
The department sought and obtained this dismissal based on the law, and the department's role is to defend the statute".
Rule 12(b)(6) of the Federal Rules of Civil Procedure deals with a dismissal based on a failure to state a claim.
Why should the dismissal in the latter cases raise a double jeopardy bar, but the dismissal based on preaccusation delay not also raise that bar to a retrial?
However, the modern view taken by most jurisdictions is that a dismissal based on a failure to state a claim is also claim preclusive.
If the measure becomes law, as expected, officials will have three months to close their foreign accounts and sell their stock or face possible dismissal based on "lack of trust".
Similar(46)
2319, 53 L.Ed.2d 281977977), for it states that dismissals based on the defenses of insanity 9 and entrapment neither of which is bound up with the statutory definition of federal crimeswill constitute "acquittals". Ante, at 97-98.
A New Jersey appellate panel ruled yesterday that defendants in drug cases arising from motor vehicle stops can seek dismissals based on claims they were victims of racial profiling, even off the New Jersey Turnpike, the road most closely associated with the practice.
"We would get dismissals based on our June Patti brief alone," said Keith Tyne, the office's director.
The committee expressed its amazement that anyone with a blue discharge would risk further stigmatization by speaking out against the discrimination: In examining case histories of blue-discharge veterans, the committee found that "the procedure lends itself to dismissals based on prejudice and antagonism".
Murray Energy argued that the dismissal should have been without prejudice because the Fourth Circuit dismissed based on subject matter jurisdiction, not the merits of the case.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com