L.L.P., 177 Ohio App.3d 551, 895 N.E.2d 255, 257-58 (2008) (finding that dismissal based on lack of capacity to sue was not on the merits); see also MacAffer v. Boston & M.R.R., 268 N.Y. 400, 197 N.E. 328, 328-29 (1935) (same). 18 . See Cook v. Peter Kiewit Sons Co., 775 F.2d 1030, 1035 (9th Cir.1985) (dismissal for lack of subject-matter jurisdiction is not on the merits as the court "retain{s} no power to make judgments relating to the merits of the case"); see also Shoup v. Bell & Howell Co., 872 F.2d 1178, 1181 (4th Cir.1989) (denying preclusive effect to dismissals where a court, regardless of the merits, "cannot speak" because "[the power to declare law ... is [not] present" (internal quotation marks omitted)). 19 . See Murphy v. A/S Sobral, 187 F.Supp. 163, 164 (S.D.N.Y.1960) (<HOLDING>). 20 . "Merits" is an unfortunate and
holding that under federal law the dismissal of a claim as timebarred is adjudication of merits for purposes of res judicata holding that a dismissal on limitations grounds is a judgment on the merits holding that laches dismissal is on the merits under federal rule 41 holding that dismissal for failure to comply with discovery orders is on the merits holding that dismissal for failure to appear at a deposition is on the merits