· 7/30/2002
Margaret Stewart Jamey L. Paulson William Keith Laura Spencer Lee Callison Stephanie Glowa Terri Gorecki Dan Berryman v. U.S. Bancorp
Citations
- 297 F.3d 953
- 2002 Cal. Daily Op. Serv. 6783
- 2002 Daily Journal DAR 8532
- 28 Employee Benefits Cas. (BNA) 2025
- 2002 U.S. App. LEXIS 15252
- 2002 WL 1751037
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the phrase “final judgment on the merits” is synonymous with “dismissal with prejudice”
- noting that “a dismissal for failure to state a claim 25 under Rule 12(b)(6) is a ‘judgment on the merits’ to which res judicata applies”
- noting that res judicata bars subsequent litigation of claims that were raised, or could have been raised, in a prior action
- reiterating that res judicata proscribes subsequent “lawsuits on ‘any claims that were raised or could have been raised’ in a prior action”
- noting that “[t]he phrase ‘final 17 judgment on the merits’ is often used interchangeably with ‘dismissal with prejudice’” (cleaned up)
- explaining that a dismissal for failure to state a claim constitutes a final judgment on the merits
Source: CourtListener parenthetical corpus (CC0).
Judges: Trott, Nelson, Rhoades
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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