United States First Circuit

Summary judgment for employer-defendant on claims of age discrimination on grounds of res judicata is affirmed where plaintiff could have had his state-law claims heard in an earlier federal suit if he had asserted diversity jurisdiction, the elements of res judicata were established, and no equitable exception applies.

Appellate Information

• Decided 12/28/2005
• Published 12/28/2005

Judges

• RESTANI, Judge., Before LYNCH and HOWARD, Circuit Judges, and RESTANI, Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martha M. Wishart, with whom McKenzie & Associates, P.C., was on brief, for appellant.


• For Appellees:
  
• Brian E. Lewis, with whom Doreen M. Zankowski, Douglas F. Seaver, and Hinckley, Allen & Snyder LLP were on brief for appellee.