Tarlochan Sidhu v. The Flecto Company, Inc.

How courts have described this case

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

• holding that a 14 common nucleus of facts is often “outcome determinative under the first res judicata element”
• explaining that “rights asserted in the two actions [we]re different” because they involved infringement of different provisions of a contract
• “[The plaintiff] can pursue a § 301 claim without exhausting the grievance procedures if [the defendant] repudiated those procedures.”
• “If the employer repudiates the procedures established in a CBA .to govern a particular grievance, the aggrieved employee is relieved of the usual requirement to exhaust administrative remedies as to that grievance”
• preclusion applies when “the earlier suit ... (1) involved the same ‘claim’ or cause of action as the later suit, (2) reached a final judgment on the merits, and (3) involved identical parties or privies.”
• preclusion applies when “the earlier suit ... (1) involved the same ‘claim’ or cause of action as the later suit, (2) reached a final judgment on the merits, and (3) involved identical parties or privies.”

Source: CourtListener parenthetical corpus (CC0).