The firm congratulates founders Robert Burtker and Anthony Longo for an impressive win before the Seventh Circuit Court of Appeals. At the district court level, Robert and Anthony filed a motion to dismiss this employment case arguing that the plaintiff’s action was barred by the doctrine of res judicata in light of a prior adjudication on the merits in a previous state court defamation proceeding. The district court granted the res judicata motion to dismiss and plaintiff appealed.
On appeal, the plaintiff argued that the elements of res judicata were absent. The Seventh Circuit Court of Appeals heard oral argument and later issued a written decision agreeing with Robert and Anthony that the res judicata dismissal was appropriate.
The case represents one of the rare occasions where the defense of res judicata was effectively brought under Rule 12(b)(6) as a pleadings motion rather than as a summary judgment motion following costly discovery. The firm is proud of this excellent result!