Legal Opinion
Middleton v. U.S. Dep't of Labor
Court of Appeals for the D.C. Circuit
Decided July 10, 2018No. Case No. 1:17–cv–00878 (TNM)PublishedCited by 14 opinions
1Opinion of the Court
TREVOR N. MCFADDEN, United States District Judge
Plaintiff Evelyn L. Middleton, pro se , has sued the U.S. Department of Labor ("DOL") alleging negligence and breach of fiduciary duties under the Employee Retirement Income Security Act ("ERISA") and the Federal Tort Claims Act ("FTCA"). The DOL seeks to dismiss the Second Amended Complaint under, among other defenses, the doctrine of res judicata . Because there has already been exhaustive litigation between the same parties involving the same cause of action and there has been a final, valid judgment on the merits by a court of competent…
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