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A prescription issued by a provider that does not have prescriptive authority is
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- Vivian sues Nicole for trespass. Nicole does not file a motion to dismiss and instead files an answer denying liability. At the close of discovery, Nicole files a motion for summary judgment. At the hearing, Vivian thinks the judge is inclined to rule against her and decides to voluntarily dismiss her case. She files a notice to dismiss her case. Trial has not yet happened. True or false, Vivian can voluntarily dismiss the case without prejudice.
- The circumstances which typically give rise to a federal court refusing to entertain a state claim against a party for which there is no independent basis of subject matter jurisdiction include:
- Richard (Alabama) sues Catherine (Tennessee) after Catherine totaled his car in an accident and seeks $80,000 in damages. Catherine files a 12(b)(6) motion to dismiss for failure to state a claim and nothing else. Richard sees that he has not pled every element of destruction of property and that the complaint will likely be dismissed under Iqbal. True or false, he can voluntarily dismiss under 41(a) without prejudice?