Who wins when a “Dismissed with Prejudice” is given by the judge?

UPDATED: Jan 14, 2014

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Who wins when a “Dismissed with Prejudice” is given by the judge?

Asked on January 14, 2014 under Business Law, California


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

"Dismissed with prejudice" means that a claim a claim is being thrown out or rejected. So the person making the claim has lost that claim. A judge might dismiss some claims while allowing other claims by the same person to go forward. 

A claim can also be dismissed "without prejudice," which would mean that the party can file that same claim again in the future (which they might do if, for example, they gather more evidence in the future to support the claim). 

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