Bergeron v. Busch

I respectfully dissent.

The majority opinion sets forth the three requirements of res judicata. That two of the three have been met is not disputed. First, the state and federal suits shared the same parties and privities. Second, the dismissal of the federal claims by the federal court constituted a ruling on the merits. The analysis *629in this case turns on the remaining third requirement, i.e., whether the claims raised in the state litigation were or could have been resolved in the federal litigation. The precise issue in this case requires us to determine the preclusive effect of a federal…