28 U.S.C. § 1331 – Paul Mollica's Federal Courts Blog

Tenth Circuit Holds That Federal Claim Preclusion Applies to Supplemental State-Law Claim Dismissed Without Prejudice in First Federal Action, If Plaintiff Could Have Originally Asserted Diversity Jurisdiction Over That Claim

In Markley v. U.S. Bank NA, No. 24-1163 (10th Cir. June 24, 2025), the Tenth Circuit opens up a potential trap for the unwary, holding that if “a party could have litigated a claim in a prior lawsuit by asserting diversity jurisdiction but fails to do so,” then that claim is precluded in a secondContinue reading “Tenth Circuit Holds That Federal Claim Preclusion Applies to Supplemental State-Law Claim Dismissed Without Prejudice in First Federal Action, If Plaintiff Could Have Originally Asserted Diversity Jurisdiction Over That Claim”