B. Termination of an action or claim, barring the plaintiff from prosecuting any further lawsuit on the same claim.
Listen to pronunciationLegal Definition -
Termination (dismissal) of an action or claim, usually after a trial or hearing, barring the plaintiff from prosecuting any later lawsuit on the same claim.
Compare: Dismissal without prejudice - A dismissal that does not bar the plaintiff from refiling the lawsuit.
Recent Usage -
"A federal court judge in California dismissed Kinderstart’s lawsuit against Google over what it called 'pervasive monopolistic practices' in the search king’s ranking of search results, but left the door open for the early-child-rearing information site to resubmit its complaints.
Judge Jeremy Fogel of the U.S. District Court for the Northern District of California in San Jose agreed Thursday with Google’s motion to dismiss the complaints, which alleged that Google had violated free speech and antitrust laws. Kinderstart filed the suit in March, saying it noticed a 70 percent drop-off in its traffic after Google downgraded the Norwalk, Connecticut-based company’s web site to a zero search ranking in its PageRank toolbar (see Google Sued over Ranking).
The company also experienced an 80 percent plunge in revenue from ads in Google’s AdSense program.
The case raises potentially far-reaching issues about the still-young area of Internet search. If successful the suit could have a significant impact on the way Google and other search engines present results. In turn, that could affect revenue generated by such companies.
Judge Fogel dismissed the nine counts in Kinderstart’s complaint saying they were too vague and insufficient to support the allegations, but did not dismiss them 'with prejudice,' giving Kinderstart the ability to refile or amend the complaints. Kinderstart plans to do so and also plans to seek class-action status for the lawsuit. The next court date is set for September 29." Read more. Suit Against Google Dismissed,