Civil Procedure Keyed to Cound
Semtek International, Inc. v. Lockheed Martin Corp.
CaseCast™ – "What you need to know"
Plaintiff filed suit in California state court against Defendant alleging inducement of breach of contract and various business torts. Defendant moved the case to Federal District Court in California via diversity jurisdiction and successfully moved to dismiss Plaintiff’s claim as barred by California’s 2-year statute of limitations. The District Court dismissed the suit “on the merits and with prejudice.” Plaintiff then re-filed suit against Defendant, this time in Maryland state court. Lockheed again had the case removed to Federal district court, this time in Maryland, and ask the court to apply claim-preclusive effect to the California Federal District Court’s adjudication on the merits, and dismiss the suit.
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