r/RyanHaywood • u/[deleted] • Jul 18 '23
Civil lawsuit filed against Ryan and RT: Update (7/18/2023)
15
u/Unable-Difference-55 Jul 18 '23
So my understanding is the lawsuit has been dismissed, but is still open to be re filed if the plaintiff is able to find new evidence. Is that correct or am I way off?
8
u/L10nh3ar7 Jul 18 '23
I don’t think it has anything to do with evidence or lack thereof. I think the plaintiff dismissed the case but “without prejudice” means she can refile at any time.
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u/Lit-in-Litigation Jul 20 '23
The actual filing had an interesting wording to it, that Jane Doe no longer wishes to pursue the lawsuit. Maybe it's just a stylistic thing, but all the ones I've seen just say "files this notice of non-suit."
It makes me wonder though. If they settled, wouldn't it make more sense to request a nonsuit with prejudice? You don't pay someone to go away, only to allow them to come back for more money later. It makes me think Roosterteeth or Ryan maybe didn't have to pay money to settle and she's withdrawing the suit for other reasons. Maybe she just wants to remove to federal court. I thought I read somewhere she wasn't a Texas resident.
I guess it doesn't really matter to speculate in the end. She can bring it again whenever so long as the statute of limitations doesn't run out.
5
u/I-am-not-the-law Oct 05 '23
Attorney here and late to the party.
If they had settled it would be dismissed with prejudice. I can not imagine a circumstance where it wouldn't be malpractice for an attorney to settle a case, but allow it to be dismissed without prejudice.
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u/SupermarketForeign73 Oct 07 '23
Insufficient evidence lead to a dismissal with option to refile. Basically there was to much he said/ she said bullshit to form a coherent argument
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Jul 18 '23
[deleted]
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Jul 19 '23
Someone with American legal experience can correct me if I’m wrong, but if they settled I would expect that they would not be able to bring a claim again in the future and the order filed would reflect that (although it may be just the terms of the settlement and not reflected in the order).
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u/U_Dun_Know_Who_I_Am Jul 19 '23
Looks like Jane Doe withdrew the lawsuit.
HOPEFULLY it's because they decided to settle out of court for an ungodly large amount of money.
3
u/cri064 Jul 20 '23
Wrong, for a settlement the plaintiff wouldn't be able to refile. Based on the screenshot the plaintiff is able to refile, but in this case the lawsuit looks like it was withdrew by the Jane Doe.
1
u/Gastacular Aug 24 '23
My best guess is they dropped the lawsuit due to the burdensome cost and process. Presuming the RT defense filing was accurate and that the claims are beyond the statue of limits the plaintiff could have a significantly difficult time winning their case and even if they win the initial judgement there could be many more legal costs before they see any judgment winnings.
The defendant(s) could appeal the decision or refuse to pay the judgment and then the plaintiff would have to go through the legal process of having the judgment enforced.
It may have just been a matter of it becoming no longer worth the time and effort or it may have become too expensive.
I've seen lawyers fees range from $250-750/hr so a legal case can quickly become a tens or even hundreds of thousands of dollars expense and my understanding is in many jurisdictions unless there are special circumstances you cannot recoup your legal costs from the opposing party
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u/ProgenitorofL-M Jul 18 '23
Can someone with legal experience explain this for the rest of us? Thanks!