Michaelson v. Michaelson

The majority opinion holds res judicata and collateral estoppel do not bar Mrs. Mi-ehaelson’s claim of breach of fiduciary duty against her ex-husband. Because the record does not support such a conclusion, I dissent.

I

The majority finds res judicata inapplicable because Ruth Michaelson could not raise the issue of corporate mismanagement in the divorce proceeding. It also finds collateral estoppel inapplicable because the breach of fiduciary duty claim was neither actually litigated nor necessarily adjudicated in the prior case.

*704A. Res Judicata

Res judicata ensures the finality of judgments by…