Does a dismissal without prejudice affect the relationship between the parties?
MultiRegion, United States of America
The following excerpt is from Certified Nutraceuticals, Inc. v. Clorox Co., Case No.: 18-cv-00744 W (KSC) (S.D. Cal. 2020):
A dismissal without prejudice does not materially alter the legal relationship of the parties. U.S. v. Milner, 583 F.3d 1174, 1196-97 (9th Cir. 2009). This is because the defendant remains subject to the risk of refiling. Id. However, a defendant is the prevailing party if the plaintiff is precluded from refiling the claim against the defendant. Cadkin v. Loose, 569 F.3d 1142, 1149 (9th Cir. 2009).
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