Also known as: adjudications upon the merits · adjudicate upon the merits · adjudicated upon the merits · adjudicating upon the merits · adjudication on the merits · decision on the merits
Written by attorneys · grounded in primary & secondary sources — see below
A final determination of the substantive issues presented in a case. Such an adjudication resolves the claims on their legal and factual merits rather than on procedural grounds such as jurisdiction or venue.
Anika Anand sued Aurora Biotech in federal court for breach of a licensing agreement. The court dismissed the action after finding the claim time-barred. Whether that dismissal operates as an adjudication upon the merits for claim-preclusion purposes may vary by jurisdiction.
Andrew Avery filed suit against Ashford Manufacturing but repeatedly missed discovery deadlines. The defendant moved to dismiss under Rule 41(b). The court granted the motion without specifying otherwise, producing an adjudication upon the merits that barred Andrew from bringing the identical claim again.
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Ava Adebayo voluntarily dismissed her first federal action against Alpine Mining. She later filed a second suit on the same claim. The second notice of dismissal operated as an adjudication upon the merits, preventing Ava from pursuing the claim in any court.
Audrey Ashton sued Avalon Pharmaceuticals for product liability. After the defendant failed to answer, the clerk entered default and the court entered judgment. The resulting adjudication upon the merits precluded Audrey from relitigating the same cause of action elsewhere.
Amber Alonzo brought an antitrust claim against Aurora Biotech. The court dismissed the action for repeated violations of pretrial orders. The dismissal constituted an adjudication upon the merits that barred Amber from asserting the claim in a subsequent proceeding.
Ariana Azizi filed and voluntarily dismissed two successive actions against Ashford Manufacturing on identical facts. The second dismissal operated as an adjudication upon the merits, ending Ariana's ability to pursue the claim again in federal or state court.
No. Rule 41(b) creates a default rule that certain dismissals operate as an adjudication upon the merits, but the phrase does not automatically confer claim-preclusive effect. Jurisdictions may treat particular dismissals, such as those based on the statute of limitations, differently for preclusion purposes.
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A second voluntary dismissal of the same claim operates as an adjudication upon the merits under Rule 41(a)(1)(B). The first dismissal is without prejudice unless the notice states otherwise, but the second notice triggers the adjudication-upon-the-merits consequence.
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Dismissals for lack of jurisdiction, improper venue, or failure to join a party under Rule 19 do not operate as an adjudication upon the merits. All other involuntary dismissals, and dismissals not provided for in the rule, carry that effect unless the court orders otherwise.
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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,…