Whether a discretionary dismissal without prejudice, which nevertheless functions as a dismissal with prejudice because it would end a case forever, is governed by a higher standard than a typical without-prejudice dismissal

QUESTION PRESENTED The Federal Rules of Civil Procedure authorize district courts to dismiss a plaintiff’s case in numerous circumstances for failure to comply with the Rules. When such a dismissal would be with prejudice— thereby ending the case forever—a heightened standard applies: The court may not dismiss unless it finds that the plaintiff’s failure to comply was willful and that a lesser sanction would be inadequate. In some cases, dismissal for failure to follow the Rules would nominally be without prejudice, but effectively with prejudice, because the statute of limitations or another barrier would preclude refiling the suit. The courts of appeals have divided over how to handle those cases. Four circuits apply the same heightened standard to all case-ending dismissals, no matter how they are labeled. Three circuits hold that without-prejudice dismissals are subject to a more lenient standard, even if the dismissal would end a case. In the decision below, a divided D.C. Circuit panel joined the minority view. The question presented is: Whether a discretionary dismissal without prejudice, which nevertheless functions as a dismissal with prejudice because it would end a case forever, is governed by a higher standard than a typical without-prejudice dismissal. (i)