
A dismissal is defined as follows: For civil cases, this includes dismissal with prejudice (Federal Rule of Civil Procedure 41(b) or state equivalent), dismissal without prejudice (Federal Rule of Civil Procedure 41(a) or state equivalent), dismissal for failure to state a claim (Federal Rule of Civil Procedure 12(b)(6) or state equivalent), dismissal for lack of jurisdiction (Federal Rule of Civil Procedure 12(b)(1) or state equivalent), dismissal for improper venue (Federal Rule of Civil Procedure 12(b)(3) or state equivalent), dismissal for failure to join necessary parties, voluntary dismissal by plaintiff, involuntary dismissal ordered by the court, and summary dismissal for frivolous litigation. For criminal cases, this includes dismissal of charges by prosecutor (nolle prosequi), court-ordered dismissal for constitutional violations, dismissal for speedy trial violations, dismissal for prosecutorial misconduct, dismissal for insufficient evidence, and dismissal following successful motion to dismiss. For administrative proceedings, this includes administrative dismissal by the agency, dismissal for lack of jurisdiction, procedural dismissal for failure to comply with filing requirements, and voluntary withdrawal treated as dismissal by the agency.
The following do NOT constitute dismissals: settlement agreements between parties, plea bargains or guilty pleas in criminal cases, default judgments, summary judgments on the merits, trial verdicts (guilty, not guilty, liable, not liable), consent decrees or agreed orders, cases transferred to different courts, cases stayed or continued indefinitely, bankruptcy discharge (which is a substantive resolution), cases resolved through alternative dispute resolution, appeals or remands (unless the appellate court dismisses the case entirely), temporary restraining orders or preliminary injunctions, and administrative closure.
If only some claims, counts, or defendants are dismissed while the case continues on other matters, this does NOT constitute a dismissal for purposes of this contract. The entire case must be dismissed. If the case is dismissed before the date but an appeal is filed, the market will resolve to Yes based on the initial dismissal.