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0 tracked cards Civil Procedure

A federal court dismisses a state-law negligence claim solely because diversity jurisdiction is missing.
What is the likely claim-preclusion effect on refiling the negligence claim in a state court with jurisdiction?

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A jurisdictional dismissal automatically binds all future plaintiffs. A dismissal for lack of subject matter jurisdiction generally does not operate as an adjudication on the merits for claim preclusion of the substantive claim. A dismissal for lack of subject matter jurisdiction always bars refiling the same substantive claim in a court with jurisdiction. A jurisdictional dismissal decides every factual issue alleged in the complaint.

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