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Law, 05.09.2019 20:30 Jasten

Aplaintiff sued a defendant for negligence, seeking $100,000 in the federal court of state a, after the two were involved in a car accident while driving through state b. the defendant's defense was that the plaintiff was contributorily negligent; contributory negligence is a complete defense under the applicable state law. the plaintiff won after a full trial. may the defendant now bring a negligence claim against the plaintiff in a new suit for injuries from the accident that was previously litigated? a yes, because the defendant's claim is not the same as that of the plaintiff. b yes, because claim preclusion (res judicata) applies only if the claims are brought by the same parties. c no, because the counterclaim is barred as an unasserted compulsory counterclaim. d no, because the defendant's claim merged with the prior judgment and is now barred.

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Aplaintiff sued a defendant for negligence, seeking $100,000 in the federal court of state a, after...

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