Wenig v. Lockheed Environmental Systems & Technologies Co.

Plaintiff appeals the circuit court’s dismissal of his second and third amended complaints, which alleged defendants unlawfully discharged him in retaliation for “blowing the whistle” on their violations of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) (42 U.S.C. § 9601 et seq. (1994)), as later action is barred by the doctrine of res judicata.

On appeal, we consider whether dismissal of plaintiff’s federal administrative retaliatory discharge proceeding “with prejudice” for want of prosecution constitutes a “judgment on the merits by a court…