- Joined
- Dec 28, 2014
How common is it for a judge to dismiss a lawsuit with prejudice? Heard KV say that it's uncommon and means the judge thought the lawsuit was ridiculously frivolous, but also heard ISWV claim that it's very common and happens all the time, basically that it has nothing to do with the case.
Unless it's on procedural grounds or with leave to amend, any final dismissal is with prejudice. Dismissals without prejudice are for things like failure to serve the defendant or suing over issues that haven't ripened into being actionable or otherwise non-merits reasons.
A TCPA dismissal is always going to be with prejudice. Why would you have an anti-SLAPP statute that just allowed the plaintiff to keep bringing a case over and over again that was found frivolous in the first place?