Troisi and Mulholland Secure Dismissal Based on Res Judicata

Michael Troisi and Laura Mulholland secured dismissal of a breach of contract claim asserted against our insurer client.

Plaintiff sued for breach of her partnership’s fire insurance policy, based on alleged underpayment for a fire loss. The partnership previously had sued our client for the same loss and damage, and the partnership’s suit was settled. As part of that settlement, the parties filed a Stipulation of Dismissal with Prejudice. This second suit was brought by the partner, individually, seeking additional monetary damages.

We moved to dismiss the individual partner’s complaint arguing, among other things, res judicata, on the ground that the individual partner had privity with a party to the prior action – i.e., her partnership, and was therefore precluded from re-litigating the matter. United States District Court Judge LaShann DeArcy Hall agreed and dismissed the complaint in its entirety with prejudice.

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