Biting the apple

February 25, 2013

  • 228 Judgment
  • 228XIII Merger and Bar of Causes of Action and Defenses
  • 228XIII(B) Causes of Action and Defenses Merged, Barred, or Concluded
  • 228k584 k. Nature and elements of bar or estoppel by former adjudication.

228 JudgmentUnder the doctrine of res judicata, although a party’s second “bite at the apple” by asserting a new claim based on the same transaction may well be successful, it will be barred under res judicata because the party already had one bite at the apple, not because the second bite would necessarily taste the same or be decided the same way as the first.
Mahmood v. Research in Motion Ltd. 2012 WL 5278470 (S.D.N.Y., 2012)
Suggested by Jill Bergquist, Principal Attorney Editor, Westlaw™