Can a case dismissed with prejudice still go through arbitration?

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Can a case dismissed with prejudice still go through arbitration?

Personal injury case shows on case
search it was dismissed with prejudice
in New Jersey. Arbitration hearing that
was set for a few weeks later shows it
was cancelled. I am told it is still going
through arbitration process 1 year later.
Is that even possible?

Asked on November 26, 2018 under Personal Injury, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the case had been dismissed without prejudice, then it could have been reintated. However, that was not the situation here. The case was dismissed with predjudice, accordingly it cannot be reinstated as it has officially ended. In other words, the plaintiff is barred from filing a lawsuit on the same issue at a later date.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since the case was dismissed with prejudice, it has ended and cannot be reinstated.  Therefore, there won't be any arbitration or other proceedings in this matter.
If the case had been dismissed without prejudice, it could have been reinstated in the future.


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