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