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Can Travolta Sexual Battery Lawsuit Be Re-Filed in Another Court?

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By Edward Tan, JD on May 17, 2012 2:57 PM

John Travolta's accusers may not be done with the "Pulp Fiction" star just yet. Headline-seeking attorney Gloria Allred has confirmed that she's been hired and there may be a new legal action filed against the actor.

This plaintiff (known only as John Doe #2) fired his previous attorney, Okorie Okorocha, CNN reports. Both he and the other plaintiff (John Doe #1) have retained Allred. John Doe #1 was also previously represented by Okorocha. Both plaintiffs have accused Travolta of groping them during the massages they each gave him. The alleged incidents took place in Los Angeles and Atlanta.

However, will the plaintiffs be allowed to file a new suit after their first attempt was dismissed?

The answer likely lies with whether the case was dismissed with or without prejudice.

When a lawsuit is dismissed without prejudice, the parties involved retain their rights and privileges. In terms of filing, this means the same case can be brought again using the same facts and evidence. A dismissal or judgment with prejudice results in the exact opposite. Typically, the latter is issued when a lawsuit has been fully and fairly argued.

In the plaintiffs' case, the first lawsuit was dismissed without prejudice, Allred said. Because of that, it should be possible to file a new case.

John Doe #1 withdrew his suit after it was revealed that Travolta was in New York and not Los Angeles when the alleged incident took place. Okorocha stated he put the wrong date in the original lawsuit.

Gloria Allred will reportedly be conferring with her clients to plan the next step. Martin Singer, Travolta's attorney, has called both accusers' allegations "ridiculous."

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