Kreidie v. Secretary, Pennsylvania Department of Revenue

OPINION

SLOVITER, Circuit Judge.

At issue in this appeal is whether a procedural dismissal that is silent as to its prejudicial effect bars relitigation in a subsequent action. The appellant argues that the District Court erred in finding that his first action was adjudicated on the merits, thus having claim preclusive effect on his second action.

I

Appellant Marwan Kreidie began his employment in a non-policy position at the Commonwealth of Pennsylvania Bureau of State Lotteries (“State Lottery”) on January 1, 2011. According to his complaint, he was also a member of the Democratic Party and…