Federated Department Stores, Inc. v. Moitie

Justice Blackmun, with whom Justice Marshall joins,

concurring in the judgment.

While I agree with the result reached in this case, I write separately to state my views on two points.

First, I, for one, would not close the door upon the possibility that there are cases in which the doctrine of res judi-*403cata must give way to what the Court of Appeals referred to as “overriding concerns of public policy and simple justice.” 611 F. 2d 1267, 1269 (CA9 1980). Professor Moore has noted: “Just as res judicata is occasionally qualified by an overriding, competing principle of public policy, so…