Also known as: adjudicated on the merits · adjudicating on the merits · decision on the merits
Written by attorneys · grounded in primary & secondary sources — see below
A final determination of the substantive rights of the parties in an action. Such a determination resolves the claims presented rather than disposing of the case on procedural grounds such as lack of jurisdiction or improper venue.
Alexandra Armstrong sued Atlas Ventures in federal court for breach of contract. The court dismissed the action because the statute of limitations had run. Alexandra then filed the same claim in state court. The state court treated the federal dismissal as an adjudication on the merits and barred the second suit under claim preclusion.
Alfred Ashford filed suit against Argonaut Shipping but repeatedly missed court deadlines. The defendant moved to dismiss for failure to prosecute. The court granted the motion without stating otherwise in the order. The dismissal operated as an adjudication on the merits that prevented Alfred from refiling the same claim.
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Alice Atkins, a taxpayer, challenged a federal spending program in district court. The court found she lacked standing and dismissed the case. The dismissal was not an adjudication on the merits because it rested on a jurisdictional defect rather than resolving the substantive claim.
Ariana Azizi sued Arcadia Retail in federal court under diversity jurisdiction. After the case was dismissed under Rule 41(b) for failure to comply with discovery orders, she attempted to refile in state court. The court examined whether the federal dismissal counted as an adjudication on the merits for preclusion purposes.
Amber Alonzo sued Pennhurst State School and Hospital in federal court for injunctive relief. The court dismissed the action on Eleventh Amendment grounds. The dismissal prevented an adjudication on the merits of the underlying state-law claims in that forum.
Andre Antoine prevailed in a civil rights action after a full trial. The court awarded fees under 42 U.S.C. § 1988 because the judgment constituted an adjudication on the merits that materially altered the legal relationship between the parties.
A dismissal for failure to prosecute or to comply with the rules or a court order operates as an adjudication on the merits unless the order states otherwise or the dismissal is for lack of jurisdiction, improper venue, or failure to join a required party under Rule 19.
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No. Rule 41(b) states that certain dismissals operate as an adjudication on the merits, but that statement does not itself determine whether a judgment is considered on the merits for claim preclusion in another jurisdiction.
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If a plaintiff previously dismissed any federal or state court action based on or including the same claim, a second notice of dismissal operates as an adjudication on the merits.
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These dismissals are excluded because they rest on defects that prevent a court from reaching the substantive rights of the parties rather than resolving the claims presented.
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…the constitutional system under which it has its own existence." 33 N. J., at 14, 161 A. 2d, at 711. The court withheld its decision on the merits in order that the legislature might have an opportunity to consider adoption of a reapportionment act. For the sequel see Application of Lamb , 67 N. J. Super. 39, 46-47, 169 A. 2d 822,…