Brown & Williamson Tobacco Corp. v. Gault

I believe the application of the doctrine of res judicata in this case violates our State’s public policy.3 Accordingly, I dissent.

The doctrine of res judicata is aimed at fostering the finality of litigation, but it must always be balanced against the right of litigants to be heard in court. See Anderson Oil Co. v. Benton Oil Co., 246 Ga. 304, 306 (271 SE2d 207) (1980). In balancing these interests, and determining whether the doctrine is to be applied, our courts consider (a) the identity of the parties and their privies; (b) the sameness of the matters in issue; (c) the binding effect of…