United States Ninth Circuit

In an action brought under 42 U.S.C. section 1983 and state law, alleging sex discrimination, the District Court's dismissal, on res judicata grounds, is: 1) reversed in part where res judicata does not bar this action because, consistent with the Restatement (Second) of Judgments and at least three sister circuits, an earlier dismissal on alternative grounds, where one ground is a lack of jurisdiction, is not res judicata; and 2) affirmed in part where dismissal of some of plaintiff's claims was proper on other grounds.

Appellate Information

• Published 2016/06/08

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel