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.


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