Roger's Alzheimer's has gotten so bad that he is unable to do his daily activities like putting his pants on. There is aggravation and amelioration in this disease, but it is not possible that such a patient could get so much better that he could remember all his lines and perform in a play.
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When the judge rules on Alex's environmental suit he dismisses the case "without prejudice." His actual ruling should have been "with prejudice" since the judge's decision was based on the merits of the case and would preclude the same case from being filed again.
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