Terry J. Wilkins v. Donald E. Jakeway

How courts have described this case

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

• holding that res judicata applies even where the second suit presents different theories of the case arising from the same factual situation
• recognizing the distinction between individual and official capacity claims and applying the rule of differing capacities — albeit without explicitly referring to the rule
• indicating that when assessing whether a claim is precluded, the court must only consider whether the claim “should have been advanced in an earlier suit”
• affirming in part and reversing and remanding in part the earlier motion to dismiss
• “[T]his is a preclusion purposes. See Nathan v. Rowan, 651 F.2d 1223, death knell for Plaintiff’s [False Claims Act] claims against 1226 (6th Cir. 1981
• “Despite what the court said about deciding the matter as a decision on the merits under 12(b)(6), what the court did was to effectively decline to reach the merits of Plaintiff’s claims as to the individual Defendants.”

Source: CourtListener parenthetical corpus (CC0).