Please ensure Javascript is enabled for purposes of website accessibility

Claim Preclusion – Meritless Appeal

By: Derek Hawkins//September 12, 2016//

Claim Preclusion – Meritless Appeal

By: Derek Hawkins//September 12, 2016//

Listen to this article

7th Circuit Court of Appeals

Case Name: Elouise Bradley v. Jennifer Sabree, et al

Case No.: 16-1774

Officials: MANION, ROVNER and HAMILTON, Circuit Judges

Focus: Claim Preclusion – Meritless Appeal

Appellant attempts, for a third time, to appeal revocation of license to operate a daycare center.

“On appeal Bradley does not meaningfully challenge the district court’s application of claim preclusion and instead maintains that her complaint stated a claim. But the court properly concluded that claim preclusion bars her claims here because they involved the same parties (five of the defend‐ ants, not including Kerber) as well as the same core of operative facts, and the litigation in the prior suit had resulted in a final judgment on the merits. See Bernstein v. Bankert, 733 F.3d 190, 226 (7th Cir. 2013); Ross ex rel. Ross v. Bd. of Educ. of Twp. High Sch. Dist. 211, 486 F.3d 279, 283–84 (7th Cir. 2007). Brad‐ ley does not try to clarify her claims against Kerber, the defendant who was not involved in the prior suit, and we see no basis to disturb the court’s decision that Bradley failed to state a claim against Kerber or any of the other defendants.”

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests