United States Seventh Circuit

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Smith v. Potter, 07-1530

Dismissal of a sexual harassment suit against the U.S. Postal Service on the ground of res judicata after a district court judge dismissed plaintiff's previous lawsuit with prejudice upon receipt of a notice of voluntary dismissal is reversed and remanded where: 1) the plaintiff sought to dismiss her first suit before the defendant filed either an answer or a motion for summary judgment, so the judge was not authorized to dismiss the suit with prejudice; and 2) even if the suit had been properly dismissed with prejudice, the district court judge would have erred in dismissing the suit on the ground of res judicata.

Appellate Information

  • Argued 12/11/2007
  • Decided 01/29/2008
  • Published 01/29/2008

Judges

  • POSNER, Circuit Judge., Before POSNER, WOOD, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Stuart K. Jones (argued), Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Donald R. Lorenzen (argued), Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.
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