June 2, 2014. A lawsuit comes to an end once it is dismissed. However, there are two types of dismissals, a dismissal without prejudice and a dismissal with prejudice. While these two legal phrases are nearly identical on their face, they have dramatically different implications.
A dismissal without prejudice does, indeed, lead to the dismissal of lawsuit, but the plaintiff can bring another lawsuit based upon the same claim at a later date. For example, Donald Sterling filed a lawsuit against the NBA last week, seeking $1 Billion in damages. However, he could certainly dismiss the lawsuit without prejudice and re-file the lawsuit at a later date, such as after his lawyers obtain more information.
On the other hand, a dismissal with prejudice concludes a lawsuit once and for all. The term with prejudice indicates the court cannot be asked to rule on the same issue(s) again. Thus, once a case is dismissed with prejudice, the plaintiff is forever barred from seeking recovery from the defendant based on the same claim(s).
For more information regarding litigation and dismissal without prejudice, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.
Follow us on Twitter! @JeanaAtGLF and @AnthonyAtGLF