Also known as: merits · meritorious · on the merits
Written by attorneys · grounded in primary & secondary sources — see below
The substantive grounds or actual legal rights and claims asserted in a proceeding, as distinguished from procedural or technical considerations.
Miles Montgomery sued Mirage Hotels for breach of a service contract. After the limitations period, he moved to amend the complaint to add a related corporate defendant. The new defendant had received timely notice of the suit through shared counsel. The court permitted the amendment because the added party would not be prejudiced in defending on the merits.
Mina Mehta, a lawyer, contributed to a judicial candidate's campaign shortly before applying for a court-appointed receivership. The ethics board investigated whether the contribution was made to obtain the appointment. The inquiry focused on whether the selection rested on competence and merit rather than political support.
Select any source to read its text and confirm it supports the definition.
Miranda Morales sought a preliminary injunction to halt a neighbor's construction that threatened her property. The court evaluated the probability that Morales would succeed on the merits of her trespass claim along with the threat of irreparable harm and the public interest before granting relief.
Miguel Mendoza challenged a district court order denying his claim of qualified immunity in a civil rights suit. The appellate court accepted the interlocutory appeal because the order resolved an important issue separate from the merits and would be effectively unreviewable after final judgment.
Madison Meyers, a director of Monarch Pharmaceuticals, successfully defended a shareholder derivative suit on the merits. Because she prevailed entirely, the corporation was required to indemnify her for all expenses incurred in the proceeding.
Mustafa Mahmoud repeatedly failed to comply with discovery orders in his contract action against Marathon Logistics. On the defendant's motion, the court dismissed the case. Because the dismissal was not based on jurisdiction or venue, it operated as an adjudication on the merits.
A dismissal under Rule 41(b) for failure to prosecute or comply with rules or 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 party. Jurisdictions may differ on whether certain dismissals, such as those based on statutes of limitations, are treated as on the merits for preclusion.
Supporting sources
A court weighs the probability that the plaintiff will succeed on the merits, the extent of irreparable harm if relief is denied, the consequences to the defendant, and the public interest. The merits factor is one of several balanced considerations rather than a standalone requirement.
Supporting sources
Yes. A corporation must indemnify a director who was wholly successful, on the merits or otherwise, in defending a proceeding brought because of the directorship. The statute requires reimbursement of expenses without further inquiry into the director's conduct once success is established.
Supporting sources
The doctrine permits immediate appeal of certain interlocutory orders that conclusively determine a disputed question, resolve an important issue separate from the merits, and are effectively unreviewable after final judgment. Orders satisfying these conditions are treated as final for appeal purposes even though the underlying action continues.
Supporting sources
…did not have standing. It concluded that, with respect to the requests for a declaratory judgment, abstention was not warranted. On the merits, the District Court held that the "fundamental right of single women and married persons to choose whether to have children is protected by the Ninth Amendment, through the Fourteenth…