Apples to apples? The issue-preclusive effect of federal dismissals for failure to state a claim

Published for On the Civil Side on April 08, 2022.

Although the vocabulary of preclusion can be convoluted, the core concept is not: preclusion prevents relitigation of matters that have already been decided. The doctrine is intended to protect both litigants and the courts from unnecessary litigation and to respect the finality of judgments. You might think of it as a policy against allowing a second bite at the apple.

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