California Court of Appeal

In defamation action against former employer and its employees, which was brought after defendant employer brought a diversity action against plaintiff in federal court and plaintiff's cross-claim for slander in that case was dismissed, multi-million-dollar verdict for plaintiff is reversed as claim preclusion operates to bar the claim against defendant employer in this action based upon employee statements made during the period covered by the federal claim since they were raised or could have been raised in the federal action. In addition, issue preclusion bars another the claim as the issue of defamatory remarks by other unnamed employees was tendered by the pleading in the federal action and resolved against plaintiff.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• BLEASE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Tucker, Ellis & West, Irene C. Keyse-Walker, Lawrence A. Callaghan, San Francisco;  Lewis Brisbois Bisgaard & Smith, Claudia J. Robinson;  for Defendants and Appellants., Kenyon Yeates, Riegels Campos & Kenyon, Charity Kenyon, Sacramento;  Anthony J. Poidmore, Roseville, for Plaintiff and Respondent.