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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Is it possible to file a wrongful lawsuit against a

Customer Question

Is it possible to file a wrongful lawsuit against a plaintiff that won a large settlement in an undetermined amount of a civil law suit, based on the fact that the defendant had no say in the settlement, and that the plaintiff has "no" written proof of the claim,and the defendant has written proof that the plaintiff's verbal statements are inconsistent and unreliable?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Perhaps I do not quite understand what you are proposing, but if the Plaintiff and Defendant settled a matter, the defendant cannot file a new suit to relitigate the same matter. (They are barred by the doctrines of "res judicata" "issue preclusion" and "claim preclusion"). There is a very narrow exception for those instances where a party has concealed facts through fraud, but this is a very narrow, and seldom successfully litigated, exception.

What your post suggests is more closely resembling a case where the defendant simply decided to settle the case in an effort to avoid the cost and uncertainty of litigation - despite the fact that the plaintiff had a weakly supported case. This is not a basis to reopen a matter.