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Home / Opinion Digests / Civil Practice / Civil Practice – Res Judicata – Separate Lawsuits – Employment Contract – Shareholder Suit (access required)

Civil Practice – Res Judicata – Separate Lawsuits – Employment Contract – Shareholder Suit (access required)

Tong v. Dunn Even though plaintiff based his first lawsuit on alleged breaches of individual contracts with him while he bases this present lawsuit on breaches of duty to him as a common shareholder, the lawsuits share a common basis in fact: actions leading up to and culminating in the purchase of the company he founded. Since plaintiff’s claims against the individual defendants in the initial lawsuit were voluntarily dismissed with prejudice, plaintiff’s claims against the same individual defendants in the present lawsuit are barred by res judicata.

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