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A homeowner sued a contractor in federal court for damages resulting from an unsuccessful roof repair. However, the homeowner failed to attend status conferences and failed generally to prosecute the action. As a result, the court dismissed the case with prejudice for want of prosecution. The homeowner then filed her complaint in a different federal court. In his answer the contractor asserts the affirmative defense of claim preclusion. Should the court dismiss the case

Respuesta :

Answer: No, because a dismissal based on lack of personal jurisdiction is not on the merits.

Explanation:

Following the information given in the question, it should be noted that the case should not be dismissed by the court due to the fact that the dismissal is based on the lack of personal jurisdiction.

It should be noted that the claim preclusion should be added to the answer of the defendant as it's an affirmative defense and it requires more than the claimant bringing a case against the same defendant.

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