W.A. Griffin M.D. v. Focus Brands Inc.

This appeal requires us to consider when a final judgment is on the merits for res judicata purposes. More specifically, we must decide whether a final judgment is on the merits when the district court labeled its dismissal as without prejudice based on its determination that the plaintiff lacked standing, but we clarified on appeal that the relevant issue was not jurisdictional. We hold that in this narrow circumstance the final judgment was on the merits notwithstanding the district court’s labeling of its dismissal as without prejudice. Accordingly, we affirm the district court’s decision…