QUESTION

Once a case has been resolved, can the plaintiff go back and re-file a claim on the same issues?

Asked on Dec 11th, 2014 on Civil Litigation - Kansas
More details to this question:
My brother took me to court 3 years ago because he claimed I kept money from an inheritance and didn't give him his full share. The court determined he didn't have grounds to sue me and dismissed the case in my favor. He has threatened to re-file his suit. Can he do that, even though he has no new evidence to support his cause?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your brother can sue, because anyone can sue for anything, but whether you can get his case dismissed based on the prior ruling depends on two things.  First, was his earlier case dismissed on the merits?  If it was dismissed because, for example, the Court held that the statute of limitations had passed on his claims, that would be on the merits.  If it was dismissed, for example, because the Court held that he had not properly served you, that would not be on the merits, and he could sue again.  Second, assuming that his earlier case was not dismissed on the merits, has the statute of limitations has run out in the interim since the first case was dismissed.
Answered on Dec 12th, 2014 at 8:58 AM

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