dismissal with or without prejudice

A dismissal disposes of a legal claim before final judgment on the merits. A dismissal “with prejudice” is permanent and bars the plaintiff or prosecutor from bringing the same claim again, while a dismissal “without prejudice” leaves the party free to refile, often after correcting a procedural defect. The distinction can be decisive: in the dismissal of the federal corruption case against Eric Adams, the judge dismissed the charges with prejudice, permanently barring their refiling, whereas the DOJ’s 2025 prosecution of James Comey was dismissed without prejudice on the ground that the prosecutor’s appointment was invalid.