DISMISSAL OF FEDERAL CASE OPERATED AS A RES JUDICATA BAR TO STATE COURT CLAIMS
After the Monroe County Supreme Court granted her former employer’s motion to dismiss discrimination and retaliation claims, Dr. RB appealed to the Appellate Division, Fourth Department.
On its review of the dispute, the AD4 noted that the dismissal of the doctor’s federal court case -- which had also sought damages predicated on race and age discrimination and retaliation -- operated as a res judicata bar, and estopped the physician from reasserting those claims in state court.
While the doctor contended that there was no “with prejudice” marking on the face of the federal court’s order, the AD4 thought that wording was unnecessary, since federal law provided that such a dismissal constituted a determination “on the merits.”
Given the identity of issues, and that no new facts or causes of action were asserted, the AD4 concluded that the court below had “properly granted” dismissal and left the outcome undisturbed.
Bet that wasn’t what the doctor ordered ….
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DECISION