Weiss v. Weiss

I disagree with the majority’s conclusion that the plaintiff, Claudia Weiss, is barred by the doctrine of res judicata from litigating her claim in the present case because she “could have” litigated the meaning of the term “personal injury cases,” which is contained in the parties’ marital dissolution agreement, in the parties’ prior dissolution action but failed to do so. In so concluding, the majority misapplies the doctrine of res judicata and, as a result, reaches a result that is both contrary to settled law and manifestly unfair to the plaintiff. It also is quite clear that the…