Reasons for Dismissed Lawsuits

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The reasons for dismissed lawsuits can vary widely.

Under the civil rules of procedure, there are several reasons why a lawsuit may be dismissed by the court. In some cases, the reasons for dismissal will be technical, such as in a failure to properly serve a party in the appointed time or the failure to file the action in the correct court. In other cases, the dismissal is for a more substantial reason, such as the defendant cannot be found liable under the requirements of the law.

  1. Plaintiff Dismisses

    • The first reason why a lawsuit may be dismissed is that the plaintiff, herself, can dismiss the case, under most circumstances. The reasons for these dismissals will vary but include such examples as the case has been settled out of court, the plaintiff filed the case simply to prevent being barred by a statute of limitations that was close to running out or more investigation must be completed before litigating the matter.

    Technical Error

    • The judge of the court may dismiss the lawsuit due to obvious technical errors. These errors can vary but include factors such as the court does not have jurisdiction over the dollar amounts of the case; the court does not have geographic jurisdiction over the case or the court does not have subject matter jurisdiction over the case.

    Substantial Reason

    • The court may also dismiss a lawsuit because of more substantial legal reasons. Most often this happens under civil rule 56 at the summary judgment level of the case. Summary judgment under these circumstances occurs when there is no material dispute over the facts of the case, and the defendant is entitled to judgment on the law.

    Plaintiff Punishment

    • Under the civil rules, a judge has authority to punish the plaintiff and/or the plaintiff's counsel for misbehavior during the litigation process. Typically, dismissal of the case will not be the first route chosen by a judge unless the misbehavior is particularly egregious. More often, a judge dismisses a case to punish the plaintiff after repeated episodes of bad behavior throughout the litigation process.

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