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Or, he said, it may be refiled, "adding in every single person's name who doesn't want to take the shot".
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When a case is dismissed with prejudice, it cannot be refiled but may be appealed to a higher court.
The dismissal was without prejudice, which means charges could be refiled in the future.
Her lawyer filed a request to dismiss the suit with prejudice, meaning that it cannot be refiled.
A spokesman for Merck, Gregory Reaves, said that it was not clear when the Arcoxia application would be refiled.
Experts say that if the impeachment motion has not been voted on before the long recess, it must be refiled one year after its initial filing, in October.
Charges will be refiled against Khalid Sheikh Mohammed and four other alleged 9/11 attackers, all of whom will be tried before a military commission at Guantánamo Bay.
The claims could be refiled later by Motorola and Nokia, which had accused the Uzans, one of Turkey's wealthiest families, of defrauding them of almost $3 billion.
The bank, which until now has defended its processes, still insists that in each case the original decision to foreclose was correct and that the paperwork will be refiled.
In a telephone interview, the Lincoln County state's attorney Tom Wollman said that, based on the final autopsy report, the charges could be refiled before the case went to a grand jury.
"Were there to be a different prosecutor in Boundary County, the charge, or more severe charges such as second-degree murder, could be refiled," Mr. Yagman, who is a lawyer in Los Angeles, told The Associated Press.
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