Second bite?
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Editor,
What is “res judicata”? And before I am accused of slanderous abbreviations, “res” has no application to the Reservation, per se.
It is the principle that a matter may not, generally, be relitigated once it has been judged on the merits.
(See http://www.law.cornell.edu/wex/res_judicata.) Part of which is:
Claim preclusion — the principle that once a cause of action has been litigated, it may not be relitigated.
• Bar: A losing plaintiff is barred from re-suing a winning defendant on the same cause of action and may not try for better luck by initiating a new lawsuit.
• Merger: A winning plaintiff may not re-sue a losing defendant to try to recover more damages.
This is commonly referred to as a “second bite of the apple.”
And, issue preclusion (Collateral estoppel): Once an issue of fact has been determined in a proceeding between two parties, the parties may not relitigate that issue even in a proceeding on a different cause of action which was determined in the first trial. At the second trial, you cannot attempt to get a different disposition, commonly referred to as “venue shopping” for another bite.
The lawsuit filed by the Tribal elite keeps trying to re-bite the apple. I am embarrassed for them. Enough is enough, and no means no.
Christopher Chavasse
Ronan
