Legal Question in Federal Tort Claims in New York

I know that FRCP 41b covers involuntary dismissals for "failure to prosecute" but once dismissed is there a res judicata bar to bringing second action in District Court?

Asked on 11/08/13, 4:31 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Statute of Limitations would be applicable; therefore, you should challenge the dismissal on a possible excuse (problems with discovery).

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Answered on 11/09/13, 3:34 am

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