Two Bites of an Apple Disallowed

Tuesday, July 05, 2005
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same nucleus of operative facts. In the instant case, plaintiff was injured when thrown from a boat. He sued the manufacturer of the outboard motor, the manufacturer of the boat, the retailer of the boat and motor, the boat owner/operator, and the insurance company of the owner/operator, alleging negligence and strict products liability under admiralty and under state law. The parties settled during the course of the trial and the actions were dismissed with prejudice. Plaintiff then filed an almost identical suit against defendant. The court held that a litigant must bring all his causes of action arising out of the same occurrence in one lawsuit. Davis v. Teleflex Inc., No. 05-30051 (5th Cir. - HK Law)

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