Are You Prejudiced?

With or Without Prejudice, that is the question.

 

In litigation, a case can be dismissed or discontinued with or without prejudice.

 

In essence, despite the case being over, can you try again?

 

To have a case dismissed or discontinued without prejudice means that the case can be brought again in the future. Usually this occurs when there is a technical issue with the case, or the parties decide to withdraw the case for the time-being.

 

For example, a defendant might win a motion to dismiss the case based on the fact that the complaint was not properly worded. A court might then dismiss the case without prejudice to give the Plaintiff a second chance if he or she decided to try again.

 

However, if a case is dismissed without prejudice, but the statute of limitations has expired, then the case cannot be brought again.

 

To have a case dismissed or discontinued with prejudice means the case is final. It cannot be brought again for any reason.

 

Thank you for reading, my business is to protect your business!

Watch the video above to learn more.

I would love to talk more about your business. Click here to schedule a time to talk.

Write a comment

Comments: 0