Wilkie v. Schwan's Sales Enterprises, Inc.

OPINION

ENSLEN, District Judge.

This case requires the Court to determine whether a dismissal for no progress under Michigan law constitutes an adjudication on the merits so that the doctrine of res judicata bars the subsequent reinstitution of an action thus dismissed.

On January 18, 1982, Plaintiff, Ralph Wilkie, filed suit in this Court against Defendant, Schwan’s Sales, alleging that Defendant breached Plaintiff’s employment contract by wrongfully terminating him in retaliation for his desire to obtain workers compensation for a medical condition which was surgically corrected. Defendant…