An employee who loses a lawsuit over her termination can’t revive the litigation a second time just by coming up with a second claim that could have been raised earlier.
Recent case: Robin was a tenured law professor when she was charged with state income tax violations. She was suspended pending resolution of the criminal case and terminated after a jury found her guilty.
She filed a lawsuit challenging the suspension, which she lost. Robin then tried a different approach, filing a second lawsuit alleging that her former supervisors illegally interfered with her employment contract.
The court dismissed the second lawsuit, too, after concluding that it involved the same facts as the first and that Robin could have made the second claim during the first lawsuit. (Magee v. Hamline University, et al., No. 14-1699, 8th Cir., 2015)
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