dismissal with prejudice form

20902 results for dismissal with prejudice form

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  • 47 CFR 1.934 - Defective applications and dismissal.

    ... of the applicant; if the application is mutually exclusive with another application that is selected or granted in accordance ...Such dismissal may be ?without prejudice,? meaning that the Commission may accept from the applicant ... competitive bidding process requests dismissal of its short-form or long-form application, the Commission will dismiss that ...

  • Haywood v. Drown, 556 U. S. (2009)

    ...S. C. §1983, and replaced those claims with the State’s preferred alternative. Thereunder, ...513. (a) Federal and state law together form one system of jurisprudence, which constitutes ..., by a 4-to-3 vote, also affirmed the dismissal of petitioner’s damages action. The Court of ... Court affirmed the dismissal with prejudice of the §1983 suit against the state officials. ...

  • Section 2: Judicial Power and Jurisdiction

    ...Constitutional restrictions are intertwined with prudential considerations in the expression of ... only when a party asserts his rights "in a form prescribed by law." "By cases and controversies ... is valid if it works material prejudice to the characteristic features of the general ...In other words, to avoid subsequent dismissal, a petitioner must allege in his first ...

  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    ...Under common law, free persons born within a State or nation were citizens thereof. In the ... Election Code requirement that a petition to form and nominate candidates for a new political party ... by malice, vindictiveness, intolerance, prejudice, or jealously," the individual's right to show ... highly deferential, however, to school dismissal decisions based on academic grounds. . An ...

  • Sixth amendment: Rights of Accused in Criminal Prosecutions

    ... States citizen for a crime committed within the jurisdiction of a foreign nation, the Court ... await indictment, information, or other formal charge but begins with the actual restraints ... Possible prejudice that may result from delays between the time ...The period between dismissal of the first charge and the later indictment had ...

  • ISC Holding AG v. Nobel Biocare Finance AG, (2nd Cir. 2012)

    ...dismissing with prejudice its petition to compel arbitration, and ...P. 41(a)(1)(A)(i) notice of voluntary dismissal. Finding. no abuse of discretion in the denial of ... copies of those documents in native format. The parties conferred with the district court on ...

  • Rothgery v. Gillespie County, 554 U.S. (2008)

    ... was made, bail was set, and Rothgery was formally apprised of the accusation against him. After the ... that prompted the indictment's dismissal. Rothgery then brought this 42 U. S. C. §1983 ... that if it had provided him a lawyer within a reasonable time after the article 15.17 ...'s significance, this Court must ignore prejudice to a defendant's pretrial liberty, it being the ...

  • First Amendment: Religion And Free Expression

    ..., that the present language was written with its somewhat more indefinite "respecting" ...However, other tests have also been formulated and used. Justice Kennedy has proffered ... all freedom of sentiment to the prejudices of one man, and make him the arbitrary and ... there is no prohibition against dismissal of Government employees because of their ...

  • Sanchez-Llamas v. Oregon, 548 U. S. (2006)

    ... authorities of the receiving State shall, without delay, inform the consular post of the sending ... petitioner there could not demonstrate prejudice from the default and because, in any event, the ... reversible error" in the habeas court's dismissal of the Vienna Convention claim. App. to Pet. for ... obligation to make reparation in an adequate form.' " Avena , supra, ¶119 (quoting Factory at ...

  • Section 8: Powers of Congress

    ... substantially curtailed by judicial decision with respect to the subject matter of taxation, the ...Looking to form and not to substance, in disregard of the mandate ... affirmed a three-judge court's dismissal of a suit challenging the constitutionality of ... for "all disorders and neglects to the prejudice of good order and discipline in the armed ...

  • Beard v. Kindler, 558 U. S. ____ (2009)

    ... the finality of their judgments by withholding such discretion, but only at the cost of ... death recommendation—the court formally imposed the death sentence. Commonwealth v. ... response[,] which can include the dismissal of pending post-verdict motions.” Id., at 233, ..., or the product of passion or prejudice. Id., at 234–235, 639 A. 2d, at 4. Satisfied ...

  • Bell v. Thompson, 545 U.S. ___ (2005)

    ...Upholding the dismissal, the Sixth Circuit, inter alia, found no ...A copy of that order was filed with the Sixth Circuit on January 23, but the court ...Without a formal docket entry neither the parties nor this Court ... of the matter would not unfairly prejudice the State. And it noted that this case is a death ...

  • Fifth Amendment: Rights Of Persons

    ... the grand jury grew in popular favor with the years. It acquired an independence in England ..., pledged to indict no one because of prejudice and to free no one because of special favor." . ... mean that a defendant at trial could plead former conviction or former acquittal as a special plea ... was in fact an acquittal or was a dismissal or some other action which the prosecution may be ...

  • Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995)

    ...The District Court dismissed the action with prejudice following this Court's decision in ... appeal from a statute-of-limitations dismissal to return immediately to the district court, ... under the Fourteenth Amendment, the former is the narrower ground for adjudication of the ...

  • Section 1: Judicial Power, Courts, Judges

    ..., while the only substantial dispute with regard to denying Congress the power to ...Formally overruling Evans v. Gore , the Court in United ... of the final judgments rendered in the dismissals of suits. . Holding the statute invalid, the ... remedial measures that will prevent the prejudice at its inception. Neither prosecutors, counsel ...

  • Anything but Automatic: Dismissal Under § 521

    Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), bankruptcy cases are dismissed more often for apparent violations of the Bankruptcy Code (the "Code"). These dismissal decisions under BAPCPA are being rendered at an increasing rate. Despite the commonality of dismissal decisions, the opinions justifying them tend to range from a strict ...

  • Richmond v. J. A. Croson Co., 488 U.S. 469 (1989)

    ... O'CONNOR delivered the opinion of the Court with respect to Parts I, III-B, and IV, concluding ... that it is attempting to remedy various forms of past societal discrimination that are alleged ... classification was illegitimate racial prejudice or stereotype. The relaxed standard of review ... The majority's perfunctory dismissal of the testimony of Richmond's appointed and ...

  • Section 2: Powers and Duties of the President

    ... dangerous to let him command in person, without any restraint, as he might make a bad use of it. ... accepting the challenge without a previous formal declaration of war by Congress." . "This greatest ... confined by statute in time of peace to dismissal "in pursuance of the sentence of a general ... order to avoid possible mistake, undue prejudice or needless severity, the chance of pardon should ...

  • Cruz v. FXDirectDealer, LLC, (2nd Cir. 2013)

    ... reasons, we affirm the District Court's dismissal of Cruz's RICO claim and his claim for breach ... vacate the judgment of the District Court with respect to Cruz's New York General Business Law ... Cruz, a Virginia resident, is a former FXDD customer who signed the Agreement in 2006 .... E. Dismissal with Prejudice Cruz argues that the District Court ...

  • Baker v. Carr, 369 U.S. 186 (1962)

    ... rights by legislation classifying voters with respect to representation in the General ...898.[Footnote 3] We hold that the dismissal was error, and remand the cause to the District ...; and no county shall be divided in forming a district.". Thus, Tennessee's standard for ... and growing mischief, and tends to the prejudice of the peace of the nation.". The same ...

  • Frederick Aikens v. William Ingram, Jr., (4th Cir. 2011)

    ..., Circuit Judge: Frederick Aikens, formerly a colonel in the North Carolina Army National ...The district court dismissed the action without prejudice, concluding that it lacked subject ...The court entered a judgment of dismissal on September 14, 2007. . Although Colonel ...

  • Camreta v. Greene, 563 U.S. (2011)

    ... be released, as isbeing done in connection with this case, at the time the opinion is issued.The ... Court NOTICE: This opinion is subject to formal revision before publication in thepreliminary ... immunity and itscorresponding dismissal of S. G.'s claim because S. G. chose not ... Deficient performance may not yield prejudice under Strickland v. Washington, 466 U. S. 668 ...

  • Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. (2007)

    ... JUSTICE delivered the opinion of the Court with respect to Parts I, II, III-A, and III-C, ... in a race-based system that might prejudice its members' children, an actionable form of ... raise this fact not to argue that the dismissal should be afforded any different stare decisis ...

  • Magdalena Pomales, Plaintiff, Appellant, v. Celulares Telefónica, Inc; Verizon Wireless Puerto Rico, Inc., Defendants, Appellees., 342 F.3d 44 (1st Cir. 2003)

    ..., refused to permit Pomales's counsel to withdraw until substitute counsel could file an ... Pomales ? dismissed her complaint with prejudice for failure to prosecute. Pomales appeals. While ...But because the district court's dismissal for failure to prosecute requires us to decide ... is understandable, and sanctions of some form were plainly appropriate. Nevertheless, dismissal ...

  • OFS Fitel, LLC v. Epstein, Becker and Green, P.C., (11th Cir. 2008)

    ... the district court?s final judgment of dismissal, contending the district court abused its ...Furukawa formed Fitel to own and operate OFS after the purchase, and, in connection with the purchase, hired EBG, a law firm, to provide ...?s rebuttal, the court dismissed with prejudice Fitel?s claim for attorney fees, finding a ...