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Thursday, August 11, 2016 6:28:32 PM
EIGHTH DEFENSE (Res Judicata / Issue Preclusion)
49. StrikeForce’s complaint contains claims and/or issues that are barred in whole or in part under principles of res judicata and/or issue preclusion.
Some info on RES JUDICATA
Res judicata is raised when a party thinks that a particular claim was already, or could have been, litigated and therefore, should not be litigated again. When addressing a res judicata argument, a court will usually look at three factors. First, the court will consider whether there was previous litigation in which identical claims were raised, or in which identical claims could have been raised. The second factor to be considered is that the parties must be the same parties as those who litigated the original action. The third factor is that the original action must have received final judgment on the merits.
Are trustwave's lawyers serious? How is trustwave and Microsoft the same parties??? this just shows that they are buying time for a settlement in my opinion.
Anyone else has another point of view?
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