Legal Definitions - with prejudice

"With prejudice" is a legal term indicating that a court's dismissal of a lawsuit or claim is final and permanent. When a case is dismissed "with prejudice," the party who brought the claim (the plaintiff) is forever barred from filing the same claim again against the same defendant in any court. This type of dismissal signifies that the court has made a decision on the fundamental legal and factual issues of the case, or that the plaintiff has forfeited their right to pursue the claim further. It essentially means the claim has been fully and finally resolved, preventing endless litigation over the same dispute.

Here are some examples illustrating how a dismissal "with prejudice" works:

• Example 1: Judgment After a Full Trial

  A small business owner sues a software developer for breach of contract, alleging that the custom software delivered was faulty and unusable. After a full trial where both sides presented evidence and arguments, the jury finds in favor of the software developer, concluding that the software met the contract specifications. The judge then enters a judgment dismissing the business owner's claim.

  Explanation: This dismissal is "with prejudice." Because the court heard all the evidence, considered the arguments, and a jury made a decision on the merits of the contract dispute, the business owner cannot later file a new lawsuit against the same software developer for the same alleged breach of contract regarding that same software. The matter is considered finally decided and cannot be relitigated.

• Example 2: Repeated Failure to Comply with Court Orders

  A plaintiff files a medical malpractice lawsuit. Throughout the pre-trial discovery phase, the plaintiff repeatedly fails to respond to legitimate requests for medical records and other information from the defendant doctor, misses deadlines for submitting required documents, and ignores multiple court orders to comply. Eventually, the judge, frustrated by the plaintiff's severe and repeated non-compliance, dismisses the entire case.

  Explanation: This dismissal would likely be "with prejudice." While not a decision on the core facts of the alleged malpractice itself, the judge's dismissal is a final penalty for the plaintiff's profound procedural failures. The plaintiff cannot simply refile the same medical malpractice claim, as the court has effectively ruled that their conduct merits a permanent end to the litigation.

• Example 3: Settlement Agreement

  Two neighbors are involved in a property line dispute that escalates into a lawsuit. After extensive negotiations, they reach a settlement agreement where one neighbor agrees to move a fence slightly and pay a small sum, and in return, both parties agree to dismiss their respective claims against each other. The court then issues an order dismissing the case based on this settlement.

  Explanation: This dismissal is typically "with prejudice." When parties settle a case, they usually want assurance that the dispute is truly over. By agreeing to dismiss their claims "with prejudice," they are legally binding themselves not to reopen the same property line dispute in the future. The settlement, and the subsequent "with prejudice" dismissal, provides finality to their legal conflict.