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The principle of res judicata prcludes relitigation of a cause that has been decided on its merits. My question is-if a cause was held to be time-barred by Statute of Limitations in the prior case but plaintiff can show that its wasn't time barred by misapplication of SOL, or new acts have been committed that are not time-barred, can they be litigated in the new case.

Submitted: 624 days and 6 hours ago.

Category: Legal

Value: $15

Status: CLOSED

Optional Information:
Vista, , California

Already Tried:
I have asserted that dismissal for time-bar is not a decision on the merits.

Accepted Answer

Hi.
Your answer is yes because the definition of res judicata and its application is actually more specific than you suggest.
1. To apply the party AGAINST whom it is being used must have been a party to the prior action and had a full and fair opportunity to litigate. (I assume that requirement is satisfied here);
2. The issues must be IDENTICAL...NOT SATISFIED IN YOUR CASE.....THUS YOUR BEST ARGUMENT to preserve action number 2; and
3. The decision in the prior action that is allegedly dispositive of action #2 MUST HAVE BEEN ABSOLUTELY NECESSARILY MADE TO DECIDE ACTION #1. Argue here the "no merits" position on action #1. Good luck.
Rich Licata

Accepts:
Expert:	rvlaw
Pos. Feedback:	99.3 %
Answered:	3/9/2008

Lawyer (JD)

NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.

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