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· 1/15/1992

Shirley Clark v. Haas Group, Inc.

Citations

  • 953 F.2d 1235
  • 1992 U.S. App. LEXIS 405
  • 58 Empl. Prac. Dec. (CCH) 14,245
  • 57 Fair Empl. Prac. Cas. (BNA) 1276
  • 1992 WL 4127

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that res judicata bared a second suit brought against the same employer alleging age discrimination and violations of the Equal Pay Act, where the first suit pursuant the FLSA to recover unpaid overtime had been previously settled
  • holding plaintiff’s second suit was barred by claim preclusion because “the ‘claims’ in each case were predicated on [plaintiff’s] employment”
  • explaining that because “the doctrine of res judicata precludes 8 parties from relitigating issues that were or could have been raised, parties cannot defeat its application by simply alleging new legal theories” (emphasis added)
  • noting that Fed.R.Civ.P. 8 provides for alternative pleading
  • “We have adopted the transactional approach of the Restatement [Second] of Judgments ... to determine what is a single ‘cause of action.’ ”
  • “[T]he stipulated, voluntary dismissal of Clark’s first suit, approved by the court with prejudice, was a judgment on the merits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKay, Barrett, Brorby

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.