Also known as: decisions on the merits · decide on the merits · decided on the merits · on the merits · merits decision
Written by attorneys · grounded in primary & secondary sources — see below
A resolution of a legal dispute based on the substantive claims and defenses of the parties. Such decision-making determines the rights and obligations at issue after considering the facts and applicable law rather than dismissing the matter on procedural technicalities.
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Denise Donovan sued the wrong corporate defendant for breach of contract. After the statute of limitations period, she moved to amend the complaint to name Dynamic Solutions as the proper party. Dynamic Solutions had received the original complaint and prepared its defense records, so the amendment related back and the court reached the contract claim on the merits.
Doris Duffy sought a preliminary injunction to stop Delta Dynamics from using her patented process. The court evaluated the likelihood that Duffy would prevail after full presentation of evidence on validity and infringement and granted the injunction.
David Dawson filed a state-court action that was dismissed solely because the statute of limitations had run. He later brought the identical claim in federal court. The federal court treated the prior dismissal as not on the merits and allowed the substantive claim to proceed.
Daphne Doyle, a director of Duarte Shipping, was sued for alleged breach of fiduciary duty. She prevailed after trial when the court found no breach. The corporation was required to reimburse her defense expenses because she succeeded on the merits.
Dylan Duffy repeatedly ignored discovery orders in his federal suit against Dillon Energy. The court dismissed the action under Rule 41(b). The dismissal operated as an adjudication on the merits and barred refiling the same claim.
Diego Duarte and Delta Dynamics were sued jointly for the same tortious injury. After a full trial the jury found Delta Dynamics liable but exonerated Diego Duarte. The court refused to enter the inconsistent verdicts because liability of one could not exist without liability of the other.
A dismissal for failure to prosecute or to comply with court orders operates as an adjudication on the merits unless the order states otherwise or the dismissal rests on jurisdiction, venue, or failure to join a required party. Jurisdictions may treat certain procedural dismissals, such as those based on statutes of limitations, differently for preclusion analysis.
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No. A dismissal based on lack of jurisdiction does not resolve the substantive claims and therefore does not operate as an adjudication on the merits for purposes of claim preclusion.
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A corporation must indemnify a director who was wholly successful on the merits or otherwise in defending a proceeding brought against the director because of the directorship. The termination of a proceeding by judgment or settlement is not itself determinative of whether the director met the applicable standard of conduct.
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A court considers the probability that the plaintiff will succeed on the merits together with the threat of irreparable harm, the consequences to the defendant, and the public interest. The strength of the merits showing is one of the central factors in the analysis.
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Judgment may be entered against one defendant and in favor of another when the defendants are joined for the same harm, except after a trial on the merits when the liability of one cannot exist without the liability of the other.
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