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0 tracked cards Civil Procedure

A plaintiff loses a final judgment on the merits. Instead of appealing, the plaintiff files a second suit on the same transaction and argues that the first judge misunderstood the law.
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Claim preclusion applies only to perfectly reasoned judgments. Claim preclusion is unavailable after bench trials. A final judgment generally has claim-preclusive effect even if the judgment may have been legally wrong, unless it is set aside through direct review or another recognized procedure. A losing party may avoid claim preclusion by arguing in a second case that the first judge made a legal mistake.

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